STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS State of West Virginia, Plaintiff Below, Respondent FILED November 4, 2020 vs.) No. 19-0870 (Fayette County 19-F-75) EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA Barbara D. Brellahan, Defendant Below, Petitioner MEMORANDUM DECISION Petitioner Barbara D. Brellahan, by counsel James Adkins, appeals the Circuit Court of Fayette County’s September 5, 2019, order sentencing her to an indeterminate term of one to fifteen years of incarceration upon her conviction for possession with intent to deliver heroin. Respondent State of West Virginia, by counsel Holly M. Flanigan, filed a summary response in support of the circuit court’s order. On appeal, petitioner argues that the circuit court had a pre- existing bias against her and erroneously considered impermissible sentencing factors. This Court has considered the parties’ briefs and the record on appeal. The facts and legal arguments are adequately presented, and the decisional process would not be significantly aided by oral argument. Upon consideration of the standard of review, the briefs, and the record presented, the Court finds no substantial question of law and no prejudicial error. For these reasons, a memorandum decision affirming the order of the circuit court is appropriate under Rule 21 of the Rules of Appellate Procedure. From May of 2018 through July of 2018, the West Virginia Drug Task Force and Drug Enforcement Administration conducted an investigation of a heroin and methamphetamine distribution organization involving petitioner’s son, Michael Brellahan. During the investigation, Michael Brellahan placed numerous phone calls to purchase heroin from a supplier and then arrived at a residence shortly after each call was made. On one occasion, Mr. Brellahan placed a call for heroin and informed the supplier he was sending his mother, petitioner, to obtain the heroin because he was on home incarceration. A short time later, petitioner was observed on surveillance video arriving at the supplier’s residence. After leaving the residence, law enforcement stopped petitioner and located eight grams of heroin in a coffee cup with a false bottom. In May of 2019, petitioner was indicted by a Fayette County grand jury on one count of conspiracy to deliver heroin and one count of possession with intent to deliver heroin. The parties 1 entered into a plea agreement in July of 2019. Pursuant to the agreement, petitioner agreed to plead guilty to one count of possession with intent to deliver heroin. In return, the State agreed to dismiss the conspiracy charge against petitioner. During the August of 2019 sentencing hearing, petitioner testified that she was “in this situation because of my drug—my son’s drug uses. I did give into him,[sic] I was wrong and I realize that I would’ve been contributing to his problem and others.” After her testimony, petitioner’s counsel argued for probation, emphasizing petitioner’s lack of prior felony convictions, clean drug screens, and commitment to stay out of her children’s lives in the future. The State expressed reservations about probation, noting that “she was essentially delivering heroin to her . . ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals