COMMONWEALTH OF PENNSYLVANIA v. TAWANDA I. BROOKINS

COMMONWEALTH OF PENNSYLVANIA v. TAWANDA I. BROOKINS No. 2402 EDA 2009 2010 PA Super 206 Atlantic: n/a Filed: 11/15/2010
	Appeal from the Judgment of Sentence entered July 15, 2009 In the Court of Common Pleas of Montgomery County Criminal Division at No. CP-46-CR-0002240-2008
Before: BENDER, DONOHUE and FREEDBERG, JJ.
Opinion by: BENDER, J.
Tawanda I. Brookins appeals the judgment of sentence imposed following her conviction of Possession With Intent to Deliver (PWID), Criminal Conspiracy, and Corrupt Organizations, 35 P.S,§ 780-113(a)(30), 18 Pa.C.S. §§ 903, 911 (respectively). Brookins contends that the trial court erred in denying her motion to sever her trial from that of her co-defendants, denying her motion for change of venue to Philadelphia County, and admitting certain expert testimony. Upon review, we conclude that the trial court erred in denying the motion for severance, as evidence of conduct by certain other defendants would not have been admissible had Brookins been tried separately. We conclude, in addition, that Brookins was unduly prejudiced by the admission of that evidence in the trial of this case. Accordingly, we vacate Brookins’s judgment of sentence and remand this case for a new trial.

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COMMONWEALTH OF PENNSYLVANIA v. MOSES DOZZO

COMMONWEALTH OF PENNSYLVANIA v. MOSES DOZZO No. 3123 EDA 2008 2010 PA Super 35 Atlantic: n/a Filed: 3/16/2010
	Appeal from the Judgment of Sentence August 28, 2008 In the Court of Common Pleas of Philadelphia County Criminal, Nos. CP-51-CR-0001778-2008, CP-51-CR-0001779-2008, CP-51-CR-0001781-2008, CP-51-CR-0001782-2008, CP-51-CR-0001852-2008, CP-51-CR-0004508-2008,CP-51-CR-0007748-2008
Before: BOWES, GANTMAN, AND KELLY, JJ.
Opinion by: GANTMAN, J.
Appellant, Moses Dozzo, appeals from the judgment of sentence entered in the Philadelphia County Court of Common Pleas following his consolidated jury trial convictions at Criminal No. CP-51-CR-0001778-2008 for robbery, conspiracy, two (2) violations of the Uniform Firearms Act (“UFA”), and possession of an instrument of crime; Criminal No. CP-51-CR- 0001781-2008 for robbery; Criminal No. CP-51-CR-0001782-2008 for robbery; Criminal No. CP-51-CR-0001852-2008 for conspiracy and two (2) counts of robbery; Criminal No. CP-51-CR-0004508-2008 for robbery; and Criminal No. CP-51-CR-0007748-2008 for robbery and two (2) violations of UFA. We affirm.

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Superior Court - BARBARA J. GUNN v. THE AUTOMOBILE INSURANCE COMPANY OF HARTFORD, CONNECTICUT

BARBARA J. GUNN v. THE AUTOMOBILE INSURANCE COMPANY OF HARTFORD, CONNECTICUT No. 1345 WDA 2008 2009 PA Super 70 Atlantic: n/a Filed: 4/15/2009
	Appeal from the Order entered July 25, 2008, in the Court of Common Pleas of Allegheny County, Pennsylvania Civil at No. GD-07-002888
Before: FORD ELLIOTT, P.J., LALLY-GREEN, and ALLEN, JJ.
Opinion by: ALLEN, J.
Dissenting Opinion by: LALLY-GREEN, J.
Appellant, the Automobile Insurance Company of Hartford, Connecticut (“Appellant”) appeals from the judgment entered in favor of Appellee, Barbara Gunn (“Gunn”) following the trial court’s denial of Appellant’s motion to sever and stay a statutory bad faith claim. The instant matter arises out of a two-count complaint filed by Gunn against Appellant. Gunn’s first count is a breach of contract claim (“UIM claim”) against Appellant, her insurance carrier, for failure to pay underinsurance motorist (UIM) benefits. The second count is a bad faith claim alleging that Appellant failed to act on Gunn’s claim for underinsured motorist benefits in good faith, in violation of 42 Pa.C.S. § 8371.

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