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6:00 am
earl. >> state senator faces a federal indictment. >> do you have a gun? >> i have a gun and i have a bomb. i have several bombs strapped to my body be quite chilling words from an angry viewer who takes hostages inside. see what happens next. >> what kind of weather can we expect for the labor day weekend? [captioning made possible by constellation energy group] captioned by the national captioning institute --www.ncicap.org-- >> live, local, late-breaking, this is wbal-tv 11 news today in hd. >> good morning. happy thursday. i am mindy basara. >> and i am stan stovall. thank you for joining us this morning. >> tony pann has a quick look at today's forecast. we are not too worried about earl in baltimore.
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>> that is a good point. we will not feel any of the affects of earl around baltimore. at stuff will be at the beach. we're shooting for a high temperature in the low 90's. it will still be hot. mostly sunny skies. we will give you the whole scenario on earl and what to expect this weekend. first we say good morning to sarah. >> we have a disabled vehicle on the outer loop at reisterstown road. it does not appear to be causing a delay. the rest of the speed sensors are in great shape. northeast side the harrisburg expressway is checking out fine. so far so good at their. seven minutes on 895 south down to the harbor tunnel tolls. eight minutes on the inner loop
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from 795 over towards 83. this is the east side and so for it looks good in both loops. the entire beltway is delay-free at this time. not picking up any delays on southbound 95. that is the latest on traffic pulse 11. >> hurricane earl has regained some of the strength in the last 24 hours. >> emergency officials are on alert. mandatory evacuation alerts have been given in towns along north carolina's outer banks. >> i wasn't going to stay on the island. i wasn't going to stay during the hurricane to correct the effects of earl are expected to hit the outer banks sometime later today. >> lowell melser it is in ocean city in anticipation of what is
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expected to be a glancing blow from this powerful storm. he filed this report last night. >> it is a beautiful evening here in ocean city. there is low humidity. it's a great night to get out. that change as hurricane earl is expected to affect this area with strong wind and rain. we were told that precautions are being taken. they are not going overboard. normally there would be securing rights on the boardwalk. they are still operating at this hour and there are no plans to shut them down. folks out here should not evacuate. stay put. that is a good sign that things should not be too bad. the mayor told me that for folks thinking of heading down here
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this weekend, did not change your plans. >> it should be out of here by late friday afternoon. i would encourage everybody to please monitor the storm and watched their local tv and radio stations and make a good decision. we want everybody to travel safe. >> the biggest concern right now will be folks swimming in the ocean and rip currents. lifeguards will be keeping a close eye on what is going on out there. they may need to keep swimmers out of the water at certain times. that looks like it will be a possibility on friday. we will keep an eye on the storm and we will have updates as soon as they are available. right now, things are relatively quiet heading into hurricane earl. lowell melser, wbal-tv 11 news. >> ocean city is under a tropical storm warning, not a hurricane watch.
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you can get updates on the effects of hurricane earl by checking in to our live wire blog, and you can check any hurricane by logging onto the weather page of our website, wbaltv.com. >> police have been combing the halls of the headquarters of the discovery channel after an armed man held police at bay with several hostages. this began yesterday afternoon when james lee burst into the lobby of the building with canisters strapped to his body and waving a handgun. he took three hostages. during the standoff, he was contacted inside the building. >> do you have begun? >> i have a gun and i have a bomb. i have several bombs strapped to my body -- do you have a gun?
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>> lee forced their hand and police opened fire. >> he pointed a handgun at one of the hostages. at that point, our tactical units moved in. they shot the suspect. the suspect is deceased. >> an explosive device did go off on his body after he was shot. the hostages escaped safely. lee report early picketed the building once before. officials say they never saw his complaint -- they never thought his complaints would turn violent. >> a senator is stepping down after being indicted on bribery and extortion. jennifer franciotti joins us now with more on the case. >> despite an fbi raid on his home in 2008, currie continued
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to work as investigators looked into his ties to shoppers food warehouse. he is accused of using his office to benefit the grocery store chains. it is alleged he was paid $245,000 to secure advantages for shoppers. the indictment says he tried to save the chain of money and to give them an extension on meeting energy efficiency standards. he is accused of smoothing the way for a liquor license. he was a consultant for shoppers and his fees were disclosed. the chair of public policy says it is unusual to see a paper trail in a bribery case. >> the information is pretty
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iinteresting in that usually there is not a paper tropics prosecutors say currie failed to disclose his income on ethics forms. he will step down from some of his duties. we'll have more at 6:30. >> a man will spend the rest of his life behind bars. he was convicted back in may for the murder of another man in october of 2009. prosecutors say the man was shot in the back of the head after forcing his way into his home and coming up with $1,500 in cash. two alleged accomplices were also arrest charges were dropped for lack of evidence. >> wayne black went into shock
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during central booking. reports indicate he was unresponsive when the judge asked him to stand. black is accused of pushing a man into the water in 2008 after the man refused to give him a cigarette. >> israeli and palestinian leaders will hold peace talks in washington this morning. hillary clinton will launch the negotiations between benjamin netanyahu and mahmoud abbas. president obama hosted a working dinner last night. both sides vowed to work towards a long-lasting agreement. that brings us to our water cooler question of the day. do you believe these latest rounds of mideast peace talks will yield results? e-mail your response to email@example.com. again, that is email@example.com. >> 71 degrees on tv hill.
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coming up, the morning's financial news in the bloomberg business report. >> after months of tragedy, some good news out of the gulf of mexico. >> we are live at the side of a big balloon festival in harford county. it all benefit a great cause. >> volume continues to build on the area roads. the area roads. delays a
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the kincaids live here. across the street, the padillas. ben and his family live here, too. ben's a re/max agent, and he's a big part of this community. there are lots of reasons why re/max agents average more sales than other agents. experience, certainly. but maybe it's also because they care about the markets they serve and the neighbors who rely on them. nobody sells more real estate than re/max. visit remax.com today.
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>> a very good at thursday morning to you. we're live in harford county in bel air. 77 degrees downtown. it is a lovely morning. we're down here at the harford county equestrian center. this is a venue for a balloon festival. it kicks off with a balloon blow tomorrow night.
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this is a mini. it is amazing to see this. all of the defense will be taking place on saturday from noon until 5:30. kids get in for free. there will be courses and zoo animals. what is it you guys do? >> this is an organization and we worked to end domestic violence in the county. we are about 50 volunteers strong. we have full counseling services. the best way to find information is our website, sarc- maryland.org. >> you have a new teenage section that talks about some pertinent issues. >> stalking and cyber bullying have become problems.
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we are addressing these issues. all of the information can be found on our website. >> wonderful. i know it will be a great benefit this weekend. the weather will be fabulous on saturday here in bel air. high pressure over maryland. that front is on the move. we are still looking at earl. >> it is going to be a race between the front and earl. it is gorgeous it to get into a balloon at sunrise. >> i am not sure if we're going to go up. it is so beautiful. it is a great morning. >> no doubt. thank you. let's discuss the scenario. right now things are pretty quiet. we are still in the same situation with clear skies and temperatures in the low 70's. there is no rain near us. the nearest precipitation is out
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in the midwest. this is the front we were talking about. this is the second player, earl. earl -- >> star, it is now a category for hurricane. if the war to make landfall right now, it would cost billions of dollars worth of damage. we have to pay close attention to what happens with earl. we have a cold front coming in and we have earl coming up from the south. if earl out runs the front, it will be closer to the coast. there is no guarantee about earl missing the coast altogether. it will be just off shore of cape hatteras. then it will come north and it should be about 200 miles
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offshore from ocean city. the winds go out 200 miles from the center. tropical storm warnings are in effect for all of the delmarva beaches on friday. we cannot see wind gusts over 60 miles per hour at the beach. possible heavy rain off and on if we're close enough to the center at the storm. that is at the beach. around baltimore, i expect little effect from the storm. there will be a little bit of a surge and some minor coastal flooding on the western shore of the chesapeake bay. keep that in mind if you lived near the water. mostly sunny today. it will be hot and humid with temperatures in the low 90's. tonight, clear and turning partly cloudy as the front gets closer. temperatures will drop down to
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around 70. we have a 30% chance for some thunderstorms on friday. 88 will be the high temperature. the rest of the weekend looks fantastic. upper 70's on saturday and sunday. it is going to be a nice weekend overall. friday is the day in question. now we send it over to sarah. >> so far so good on the area roads with just a few exceptions. there is a disabled vehicle on reisterstown road. speed sensors are not picking up much. 50 miles per hour on southbound 95. the harrisburg expressway looks great. the jfx, equally smooth it into town. the beltway at the parkway looks fine. still up to speed at west nursery road.
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we are not checking in with any problems at delaney road. that is the latest on traffic pulse 11. >> removal work of the damaged blowout preventer begins today. thad allen says crews will attempt to remove the stacked atop of the blown out well. crews will then dislodge the failed blowout preventer replace it with a new one. the procedure was put on hold because waves up to 80 feet made it so they could not operate the vessel. sea turtles are now getting a new lease on life. they're being released back into the gulf. they are the most endangered turtles in the gulf. there were released in an area
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that is free of predators and oil. >> back to school shopping did not set off many bills at the cash register. buyers spent slightly more than it 2009. sales were short of 2008 levels. that could forecast a lackluster holiday season. online retailer amazon does not just want to sell you tv and movie shows. now they want to send them directly to your tv. you could see the content on a web browser. the retailer has been in negotiations with several media companies. no timetable on launching the service. young women are often making more than men.
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one company is wooing women with a new campaign. we have more in the bloomberg business report. >> if you were young and female, you are making more than men. women in their 20's now out earn their male counterparts by eight %. in atlanta, women out earned men by 20%. education is the key to their success. under armour launching a new online marketing campaign targeting female athletes. as for trading, investors will be watching a contract to buy homes. we will be getting the weekly jobless claims. stocks staging the biggest gain
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since july on better than expected manufacturing in the u.s. and china. your bloomberg maryland index also surging. jos. a. banks giving stocks a boost. they had better than expected profits and sales numbers. i am courtney donohoe reporting for wbal-tv 11 news. >> 71 degrees on tv hill. another check on weather and traffic is straight ahead. >> bad blood is brewing between the nationals and the marlins. keith mills has more coming up in sports. >> here is a look at last night's winning maryland lottery numbers. good luck.
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>> now traffic pulse 11 and insta-weather plus together. >> good morning. sarah caldwell checking on your morning commute. we have not had a whole lot to talk about. that is good news. on the outer loop at reisterstown road, we have a disabled vehicle, but we hear it is off to the side. 42 miles per hour is your west side speed. 52 miles per hour on the topside. 48 on southbound 95. we're starting to develop some sluggish spots. this is a live view of traffic at the parkway. so far, things are checking out fine. southbound 295 in great shape down to west nursery road. that is the latest on traffic pulse 11.
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>> good morning. it is going to be another quiet day today. hot and humid. 71 degrees at the airport. 77 downtown. mostly sunny with a high near 92 this afternoon. we will check the seven-day forecast coming up in just a few minutes. we'll give you the latest on earl. but first we sent it over to the real man. earl is not the man. >> i am still full of hot air. ravens wrap up their preseason tonight in st. louis when they play the rams. do not expect most of the first- team offense or defense to play tonight as the ravens look to the season opener against the jets. all eyes on the kickers. graham is two for three.
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>> guys have hopes and dreams, ambitions, bowls, and things they want to accomplish. yuan at ending that. this is part of the journey. one of the kickers will be taking the next day for somebody. >> the broadcast team is well represented in st. louis tonight. the pre-game begins at 7:30. we will be doing the radio shows on radio. we have all bases covered. the red sox beat the birds last night 9-6. big baseball down in south florida. the ball close behind nyjer morgan. charges the mound. what's the first baseman clothesline morgan. again, the picture
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throws behind morgan. look at the left of your screen. the first baseman, sanchez. this is the clothesline. the marlins won the game. there will be some suspensions. sanchez will probably get most of the suspensions. >> why does everybody have to run out on the field? >> it is baseball. >> time out for everybody. >> he was invoking a city ordinance, he said. >> the protector. >> thank you. 71 degrees on tv hill. much more to come in the next half-hour.
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>> a maryland state senator faces a federal indictment. >> can president obama broker peace in the mideast? >> we are talking hot air balloons in harford county this morning.
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>> live, local, late-breaking, this is wbal-tv 11 news today in hd. >> good morning, everybody. welcome back. i am stan stovall. >> and i'm mindy basara. thank you for joining us this morning. tony pann has a quick look at today's forecast. >> more of the same for us today. temperatures in the 70's right now. mostly sunny skies. we expect a high temperature of 92 this afternoon. it will get cooler this weekend. >> he has been the subject for investigation for two years now. >> there was an indictment against ulysses s. currie. jennifer franciotti has more details.
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>> senator ulysses s. currie announce he will step down to fight charges against him. that does not mean he plans to give up his job. the indictment accuses the lawmaker of using his office to benefit shoppers food warehouse. it is alleged that executives paid him $245,000 to secure advantages for shoppers. the indictment said he tried to save the chain money so stores could have an extension on meeting the energy efficiency standards. he is accused of smoothing the way for a liquor license transfer and lobbying officials to up traffic signals installed and two company stores. his lawyer confirms he was a consultant for shoppers. "his compensation was disclosed
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on his federal and state income tax returns." donald norris says it is unusual to see a paper trail in a bribery case. >> the information is interesting and that usually in bribery cases there isn't any paperwork. >> prosecutors say currie failed to disclose this on ethics forms. it appears as if currie will continue his work in the senate. he is running for reelection unopposed. >> he does not have to drop out of the race until proven guilty. he is running without opposition. >> two former executives have been named in this indictment in connection with currie's case. reporting live, jennifer franciotti. >> police hope a facial reconstruction will help
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identify a woman that was found in white marsh in 2007. a resident found the badly decomposed body in a vegetable garden. the body had been there for a least a week. they are hoping this reconstruction will lead to some answers. >> she may have been white, she may have been hispanic. we are not sure. she had no identification. we had nothing to run with at the time. >> please do not know the cause of death. right now it is being rolled suspicious. peace moves forward. direct peace talks between leaders are scheduled to resume today. kate amara has that story. >> hillary clinton launches face-to-face talks this morning between israeli and palestinian leaders. >> the prime minister of israel
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and the president of the palestinian national authority. >> a working dinner before the first face-to-face middle east peace talks in nearly two years. >> i am hopeful that we can achieve the goal. >> president obama hosting keep mideast leaders as benjamin netanyahu and mahmoud abbas prepared for direct negotiations. both leaders promising to work towards a long lasting agreement. >> we're looking for a peaceful end the conflict between us once and for all. >> let us signed an agreement, a final agreement for peace to put an end to a long time of struggle. >> president obama made it clear the latest outbreak of violence will not derail the efforts. >> both of them have the constituencies with legitimate
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claims and legitimate concerns. and a lot of history between them. >> king of delaware suggested if these peace talks fail, it would be -- king abdallah suggested if these peace talks fail, it would be a victory for terrorism. >> the grand prix race is expanding. the american lamonts series will be added to the ticket. it will be billed as a festival of speed. different classes of cars race on the track at the same time. >> now traffic pulse 11 and insta-weather plus together. >> good morning. sarah caldwell checking on your morning commute. so far so good out there. we have a disabled vehicle on reisterstown road. that is clear and now speeds are around 63 miles on the outer
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loop west side. 44 miles per hour on southbound 95. so far so good on the north side of the beltway and also on 95 in howard county approaching 32. 13 minutes on the outer loop west side. five minutes on southbound 95 down to the fort mchenry. you can see those brake lights. we switch over to a live view of 95. the west side is where we are seeing the heavy stuff. that is the latest on traffic pulse 11. now we check in live with sandra shaw. >> it is going to be great. balloonts out with a b role on saturday. from noon until 5:30, it is called it rising above it.
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it is about stocking and is to benefits sarc. tell us what it involves. >> we provide resources for victims of sexual violence and stalking. we have a full legal and varmint and a help line. we have a shelter in a confidential location. we provide education to the committee. we want to raise awareness so that we provide services and prevent people from meeting our assistance. >> this is the first time you have had it. there will be the balloon race on saturday night. >> we encourage families to come out and bring a chair and a blanket. we will have alex and a kaleidoscope band and the urban pirates with us.
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>> check it out. it is only $5 and kids are free. we have a slight chance of some storms tomorrow. beautiful for saturday for the balloon festival. that is it for now. >> thank you. 71 degrees on tv hill. it was not intense enough. we have extreme dodge ball. goodness gracious, great balls of fire. >> we are still taking your answers to our water cooler question of the day. do you believe these latest rounds of mideast peace talks will yield results? you can e-mail your response to firstname.lastname@example.com. firstname.lastname@example.com.
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>> folks have observed the corruption of a volcano that nearly destroyed the town. how did they observe it? this is out. by throwing fire at each other. they try to burn the town down all over again. not really. ing large fireballs at each other. they call this fund. no one was "seriously injured." >> notice it was just the men that. a french artist has taken his talents beyond sandcastles.
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richard works in mud. he uses a tiny blobs of mud to create this entire town. he note this project will disappear when the rain comes. he spent hours on this labor of love creek whatever floats your boat. >> the first heavy rain, it is done. 71 degrees on tv hill. >> we will check your morning commute. we have one problem coming in in howard county. >> things are nice and quiet right now, but we have a major hurricane coming up the east coast. here's a look outside. 71 degrees at the top of the art at
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>> welcome back. hurricane earl has regained strength, reaching category 4
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status. beaches expect to take a glancing blow. the rough waters churned up by ship tove caused tha return to baltimore on sunday. a hostage situation at the discovery channel had quarters ended in the death of the suspect. james lee witt shot and killed after a standoff where he held three people. police say he was a radical environmentalist who had a long standing grudge against the cable channel's programming. israeli and palestinian leaders will hold peace talks this morning. hillary clinton will launch the negotiations between benjamin netanyahu and mahmoud abbas.
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president obama posted a working meeting last night. >> that brings us to your answers to our water cooler question of the day. >> this morning we asked -- do you believe these latest rounds of mideast peace talks will yield results? >> we will post more of your answers on the front page of wbaltv.com. >> now traffic pulse 11 and insta-weather plus together. >> good morning.
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sarah caldwell checking on your morning commute. there are a few things to watch for. some gravel was built in howard county. crews are on the scene. it may cause some delays. there are some volume-related delays on the outer loop west by heading from 795 down to liberty. 39 miles per hour on southbound 95. 14 minutes on the outer loop west side. five minutes on 95 down to the fort mchenry. 11 minutes on the outer loop northeast side. here is old court. on the west side, we switch to a live view on 95. this is southbound traffic. that is the latest on traffic pulse 11. now we get the latest from sandra shaw in harford county. >> we are at the harford county
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equestrian center. there will be a balloon festival. i have to go well. we will take a tethered ride. you can take a tethered ride on saturday. it is a $5 admission and children get in free. on friday night, there is -- this benefits sarc. they benefit cyber stocking. check it out. we're getting ready to take the tether ride. what is going to happen? >> it will be wonderful. you will feel like you are launching into flight. we have some ropes so you can only go to about 100 feet. other people will be able to get in for the next ride. we will do that from 3:00 p.m. until 5:00 p.m. on saturday. >> that will be just enough.
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>> everybody loves it. >> this ballou is called the many. it is 54,000 cubic feet -- this balloon is called the mini. we're watching the cold front. i'm going to go up in the air now. >> i hope it goes ok. i talked her into this. here is another hand. it is always easier to do with a wireless microphone. there she is, trying to yell. beautiful. you should give that a try. especially at this time of day. kudos to you for being brave enough to go up in the balloon. it is all for a good cause.
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we have this cold front and the interaction with earl. for now, things are quiet. it is warm and we don't expect any precipitation for the morning commute. a cold front is coming across the upper midwest. the second player is earl. earl now has sustained winds of 145 miles per hour. this is a dangerous storm. it would cost billions of dollars of damage if it came ashore right now. it is not guaranteed it will make a complete mess on the east coast. we have a cold front moving to the east. we have earl moving to the north up the coast. the plan is to push earl off the coast. but if earl speeds up, it messes
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up the timing. as it stands, we think the eye will stay offshore. it will be pretty close to the outer banks of north carolina. they are going to get hurricane conditions at the outer banks. but just a shift of 100 miles could make a big difference. then it will, north and it will be about to launch a miles off the shore of ocean city. the storm is hundreds of miles across. even though the eye is offshore, we expect tropical storm warnings in effect for those areas. that means wind gusts over 60 miles per hour. 15-foot waves at ocean city and possibly some heavy rain in ocean city if the storm gets closer. saturday and sunday should be
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fine at the beach. there could be a minor surge at the chesapeake bay. some minor flooding on the western shore at high tide. keep that in mind. the high tide could come a foot or two above average. mostly sunny today with a high temperature into the low 90's. it will be hot and humid. things will get better as we move into the weekend. there could be a few thunderstorms with the front. indeed on friday. upper 70's on saturday and sunday. low 80's on monday. a fantastic overall holiday weekend. >> thank you. federal prosecutors have secured an indictment against a longtime state senator. jennifer franciotti joins us with more on the story. >> the long time lawmaker is
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accused of using his office to benefit the grocery chain shoppers. it is alleged that he was paid $145,000 to help open a store. the indictment said currie to give stores an extension on meeting energy efficiency standards and for smoothing a way for a liquor license transfer. he is running for reelection unopposed. reporting live, jennifer franciotti. >> here's matt lauer with a look at what's coming up next on the "today" show. >> coming up on a thursday, a powerful hurricane named earl could make landfall as early as tonight in north carolina and then race up the east coast. the deadly standoff outside
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washington d.c. a producer spoke to the gunmen during the crisis. also, why you may be eating twice as much as you should be when you eat at your favorite restaurant. can you go entire month wearing just six items of clothing? that is as we get started on a thursday morning here on the "today" show. >> 71 degrees on tv hill. >> weather and traffic together before you head out to start
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>> that is>> with the flip of te calendar to september, school buses and suv's filled with students are once again on the road. the daily commute just got more crowded. it also became more dangerous. cars and students are filling the crosswalks while the text and tweet.
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maryland will require hands-free devices for cell phones while driving. texting while driving is against the law. log onto wbaltv.com right now and make the 3-d pledge. do not drive distracted. we are encouraging all drivers to put down the phone and pay attention to the road. no phone call is as important as a life.
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October 6, 2010
JAMES R. SMITH, PETITIONER,v.MICHELLE RICCI, ET. AL., RESPONDENTS.
This matter is before the Court on petitioner James R. Smith's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, in which he is challenging his 2002 New Jersey state court conviction and sentence. For reasons discussed below, it appears from review of the petition papers provided by petitioner that his § 2254 habeas petition is subject to dismissal as time-barred under 28 U.S.C. § 2244(d).*fn1
Petitioner, James R. Smith ("Smith"), filed a petition for habeas corpus relief on or about March 10, 2010.*fn2 According to the allegations contained in his petition, Smith was convicted by jury trial on or about August 13, 2002, in the Superior Court of New Jersey, Law Division, Cape May County on multiple counts of kidnapping, aggravated sexual assault and weapons offenses. On August 22, 2002, Smith was sentenced to an aggregate term of 105 years in prison with 891/2 years of parole ineligibility, pursuant to the No Early Release Act ("NERA"), N.J.S.A. 2C:43-7.2.
Smith filed a direct appeal from his conviction and sentence to the Superior Court of New Jersey, Appellate Division. On October 5, 2004, the Appellate Division affirmed the conviction, but remanded the matter for clarification of the sentence with respect to the periods of parole ineligibility. The Supreme Court of New Jersey denied certification on January 26, 2005. See State v. Smith, 182 N.J. 429 (2005). Smith did not file a petition for a writ of certiorari with the Supreme Court of the United States.
On March 7, 2005, Smith filed a petition for post-conviction relief ("PCR"), pro se, in the Superior Court of New Jersey, Law Division, Cape May County. Smith withdrew his PCR petition on April 24, 2006. See State v. Smith, 2009 WL 2409307, * (N.J. Super. A.D. Aug. 7, 2009), cert. denied, 200 N.J. 505 (Nov. 20, 2009), certiorari denied, __ U.S. __, 130 S.Ct. 1695 (Mar. 1, 2010). However, Smith states in his petition that the PCR judge signed an Order dismissing the PCR with prejudice. (Petition at p. 8).
On May 1, 2008, Smith submitted a pro se motion to compel the State to reproduce copies of Smith's entire state court record. The motion was filed on June 4, 2008, and assigned to the Honorable Raymond A. Batten, J.S.C. in the Superior Court of New Jersey, Law Division, Cape May County. After a hearing on the motion on June 27, 2008, Judge Batten denied Smith's motion by Order filed July 9, 2008. Smith appealed the court's decision on July 27, 2008, before the Superior Court of New Jersey, Appellate Division. (Petition at pp. 8-9).
On August 7, 2009, the Appellate Division affirmed Judge Batten's Order, finding as follows:
In July 2008, defendant applied for copies of various portions of the record in this criminal matter. The judge*fn3 denied that motion, for reasons then given, as well as for the reasons set forth in his thorough supplemental opinion of October 1, 2008, which was filed after defendant filed this appeal. . . .
In his supplemental opinion, the motion judge determined that defendant had once been provided with all the materials he now seeks. Defendant nevertheless claimed that his copies "were destroyed by the Prison Officials during several cell searches which resulted from several lockdowns," and seeks to be provided again with the same materials previously provided by the State. The judge determined that, although N.J.S.A. 2A:152-17 requires that a person convicted of a crime may apply for such materials when it is shown that "a copy of the transcript of the record, testimony and proceedings at the trial is necessary for the filing of any application with the trial court," it does not require that a second set be provided.
In addition, the judge determined from defendant's description of the application he intended to file --regarding a change of custody from a drug or alcohol abuse rehabilitation facility to the Adult Diagnostic and Treatment Center -- that the records sought were not necessary for that purpose and that, in fact, such an application would have no merit. Moreover, the judge found determinative the fact that defendant had not requested additional copies of the record from either the Office of the Public Defender or his assigned counsel. The judge also cited other reasons for denying relief, which we need not explore in light of our disposition of the appeal.
In his appeal brief, defendant indicates that following the entry of the order under review, he made additional requests and began receiving portions of the record. These facts were not before the trial court; indeed, the motion judge found critical defendant's failure to seek reproduction of the record through other sources, such as his counsel in the earlier proceedings.
We agree with the motion judge's determination, in light of the fact that defendant had previously been provided with the materials in question at taxpayer expense, that defendant was not entitled to relief until at least such time as he exhausted other potential sources for the recovery of these materials. The fact that defendant has apparently obtained some of these materials since the motion judge ruled demonstrates not only the soundness of the judge's decision on that precise point but also that it would be inadvisable for this court to either monitor or examine what has occurred since the entry of the order in question, or examine the other reasons expressed by the motion judge in his supplemental opinion.
In short, it may be that defendant now has, or will soon receive, all that is necessary for the trial court application he has not yet filed -- a circumstance that would moot our consideration of any of the issues raised. Or, it may be that the materials not yet secured are so limited as to alter the State's opposition to the relief. In any event, it appears that circumstances have changed with regard to defendant's attempt to obtain the materials in question to such a degree that no purpose would be served by our intervention at this time.*fn4
Accordingly, we affirm the order under review for the limited reasons set forth herein. We recognize, as did the motion judge when he denied defendant's motion without prejudice, that the matter may again be revisited in the trial court.
State v. Smith, 2009 WL 2409307, *1, 2 (N.J. Super. A.D. Aug. 7, 2009), cert. denied, 200 N.J. 505 (Nov. 20, 2009), certiorari denied, __ U.S. __, 130 S.Ct. 1695 (Mar. 1, 2010).
On November 20, 2009, the Supreme Court of New Jersey denied Smith's petition for certification. On March 1, 2010, the Supreme Court of the United States denied Smith's petition for a writ of certiorari.
As stated above, Smith filed this federal habeas petition on March 10, 2010.
A pro se pleading is held to less stringent standards than more formal pleadings drafted by lawyers. Estelle v. Gamble, 429 U.S. 97, 106 (1976); Haines v. Kerner, 404 U.S. 519, 520 (1972). A pro se habeas petition and any supporting submissions must be construed liberally and with a measure of tolerance. See Royce v. Hahn, 151 F.3d 116, 118 (3d Cir. 1998); Lewis v. Attorney General, 878 F.2d 714, 721-22 (3d Cir. 1989); United States v. Brierley, 414 F.2d 552, 555 (3d Cir. 1969), cert. denied, 399 U.S. 912 (1970).
The limitation period for a § 2254 habeas petition is set forth in 28 U.S.C. § 2244(d), which provides in pertinent part:
(1) A 1-year period of limitations shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of--
(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; ...
(2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this section.
Section 2244(d) became effective on April 24, 1996 when the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") was signed into law. See Burns v. Morton, 134 F.3d 109, 111 (3d Cir. 1998); Duarte v. Herschberger, 947 F. Supp. 146, 147 (D.N.J. 1996).
Thus, pursuant to § 2244(d), evaluation of the timeliness of a § 2254 petition requires a determination of, first, when the pertinent judgment became "final," and, second, the period of time during which an application for state post-conviction relief was "properly filed" and "pending."
A state-court criminal judgment becomes "final" within the meaning of § 2244(d)(1) by the conclusion of direct review or by the expiration of time for seeking such review, including the 90-day period for filing a petition for writ of certiorari in the United States Supreme Court. See Swartz v. Meyers, 204 F.3d 417, 419 (3d Cir. 2000); Morris v. Horn, 187 F.3d 333, 337 n.1 (3d Cir. 1999); U.S. Sup. Ct. R. 13.
The limitations period is tolled, however, during the time a properly filed application for state post-conviction relief is pending. 28 U.S.C. § 2244(d)(2). An application for state post-conviction relief is considered "pending" within the meaning of § 2244(d)(2), and the limitations period is statutorily tolled, from the time it is "properly filed,"*fn5 during the period between a lower state court's decision and the filing of a notice of appeal to a higher court, Carey v. Saffold, 536 U.S. 214 (2002), and through the time in which an appeal could be filed, even if the appeal is never filed, Swartz v. Meyers, 204 F.3d at 420-24.
Nevertheless, § 2244(d)(2) does not toll the one year statute of limitations during the pendency of a state prisoner's petition for writ of certiorari in the United States Supreme Court. See Lawrence v. Florida, 549 U.S. 327, 332-33 (2007); Stokes v. District Attorney of the County of Philadelphia, 247 F.3d 539, 542 (3d Cir.), cert. denied, 534 U.S. 959 (2001).
Here, Smith's judgment of conviction became final after the enactment of AEDPA. The judgment of conviction was entered on or about August 22, 2002, and Smith filed a direct appeal shortly thereafter. On October 5, 2004, the Appellate Division affirmed the conviction but remanded the matter for correction of the judgment regarding the period of parole ineligibility. The New Jersey Supreme Court denied certification on January 26, 2005. Smith did not file a petition for a writ of certiorari with the Supreme Court of the United States. Therefore, Smith's judgment of conviction became final 90 days after January 26, 2005, or on April 26, 2005. See Swartz, 204 F.3d at 419; Morris, 187 F.3d at 337 n.1; U.S. Sup. Ct. R. 13.
Accordingly, Smith had one year from the date on which his judgment of conviction became final under § 2244(d)(1)(A), April 26, 2005, or until April 26, 2006, to timely file his federal habeas petition under § 2254.
To permit tolling of the one-year limitations period under 28 U.S.C. § 2244(d)(2), Smith would have had to file his state PCR petition before the one-year period had expired, or before April 26, 2006. Otherwise, the state PCR petition would not serve to toll the statute of limitations. In this case, Smith filed his state PCR petition on March 7, 2005. However, Smith withdrew his state PCR petition on April 24, 2006, by Order entered the same date. He did not seek an appeal with respect to his state PCR petition. Therefore, statutory tolling concluded on April 24, 2006.
Thus, the limitations period was tolled until April 24, 2006, and no time had run on his statute of limitations since Smith filed his state PCR petition in March 2005, before the limitations period had started. Therefore, Smith had one year from April 24, 2006, or until April 24, 2007, to timely file his federal habeas petition.
Smith did not file his habeas petition until March 10, 2010, almost three years after his limitations period appears to have expired. He appears to suggest that his motion to compel the State to reproduce his state court record should have served to toll his limitations period, even though the motion was not filed as a state PCR petition. Moreover, the motion was filed after April 24, 2007, on or about May 1, 2008, beyond the expiration of the statute of limitations. Consequently, even if the motion to reproduce the state court record were deemed a state PCR petition, it would not serve to toll the limitations period because the statute of limitations had already expired. Therefore, it would appear from the face of the petition that this habeas action is now time-barred under 28 U.S.C. § 2244(d).
Before the Court can dismiss this action as time-barred, it is appropriate that the parties be given the opportunity to address the issue of timeliness. See Day v. McDonough, 547 U.S. 198 (2006)(district courts are permitted to consider sua sponte the timeliness of a state inmate's habeas petition, but must accord the parties fair notice and an opportunity to present their positions).
Smith may be able to overcome this statutory time bar if he can show that the limitations period did not expire as determined by this Court, or if he can show a basis for equitable tolling. See Fahy v. Horn, 240 F.3d 239, 244 (3d Cir.), cert. denied, 534 U.S. 944 (2001); Jones v. Morton, 195 F.3d 153, 159 (3d Cir. 1999); Miller v. New Jersey State Dept. of Corrections, 145 F.3d 616, 618 (3d Cir. 1998). "Generally, a litigant seeking equitable tolling bears the burden of establishing two elements:
(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way." Pace v. DiGuglielmo, 544 U.S. 408, 416-17 (2005). The Third Circuit instructs that equitable tolling is appropriate when "principles of equity would make the rigid application of a limitation period unfair, such as when a state prisoner faces extraordinary circumstances that prevent him from filing a timely habeas petition and the prisoner has exercised reasonable diligence in attempting to investigate and bring his claims." LaCava v. Kyler, 398 F.3d 271, 275-76 (3d Cir. 2005). Mere excusable neglect is not sufficient. Id.; Miller, 145 F.3d at 618-19; Jones, 195 F.3d at 159.
Extraordinary circumstances permitting equitable tolling have been found where: (1) the petitioner has been actively misled; (2) the petitioner has been prevented from asserting his rights in some extraordinary way; (3) the petitioner timely asserted his rights in the wrong forum, see Jones, 195 F.3d at 159, or (4) the court has misled a party regarding the steps that the party needs to take to preserve a claim, see Brinson v. Vaughn, 398 F.3d 225, 230 (3d Cir.), cert. denied, 126 S.Ct. 473 (2005).*fn6 Even where extraordinary circumstances exist, however,
"[i]f the person seeking equitable tolling has not exercised reasonable diligence in attempting to file after the extraordinary circumstances began, the link of causation between the extraordinary circumstances and the failure to file is broken, and the extraordinary circumstances therefore did not prevent timely filing." Brown v. Shannon, 322 F.3d 768, 773 (3d Cir.)(quoting Valverde v. Stinson, 224 F.3d 129, 134 (2d Cir. 2000)), cert. denied, 539 U.S. 948 (2003).
Therefore, before this Court can dismiss this petition as time-barred, an Order will be issued directing Smith to show cause why his petition should not be dismissed as time-barred.
For the foregoing reasons, because this Court finds that the petition for a writ of habeas corpus under 28 U.S.C. § 2254 may be subject to dismissal as time-barred under 28 U.S.C. § 2244(d), the Court will order Smith to show cause in writing why his petition should not be dismissed as untimely. An appropriate order follows.
JEROME B. SIMANDLE United States District Judge
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Science innovation to address Perth's future water supply. Groundwater replenishment could supply up to 20 per cent of Perth's drinking water needs.
The pressure on water supplies in Western Australia is greater than ever due to a drying climate and ever-increasing population.
Our scientists recently investigated how recycling water from treated wastewater can provide a cost effective and energy efficient way to ease this pressure.
Groundwater replenishment is an innovative process where treated wastewater is further treated to drinking water standards and recharged into groundwater supplies (aquifers). The water is then stored or 'banked' in the ground and taken out some time later for further treatment and supply to a drinking water system.
In close collaboration with Curtin University, CSIRO provided detailed research to underpin a groundwater replenishment trial in Perth, conducted by Western Australia's Water Corporation.
Researchers established that groundwater replenishment did not adversely affect groundwater quality and would provide water of drinking water quality.
During the trial, our scientists supplied the Water Corporation with more than a decade of research into groundwater replenishment. The trial involved extensive water quality testing and monitoring, as well as active engagement with stakeholders and the community, primarily through face-to-face methods to increase understanding of the process, and build trust.
The results of this innovative trial gave confidence to both the State Government and people of Perth that groundwater replenishment is a safe water supply option for the future.
In August 2013, the State Government announced that groundwater replenishment would become the next climate independent water source for Perth.
Water Corporation has now started work on Australia's first full-scale groundwater replenishment scheme. The new advanced water recycling plant will treat up to 14 billion litres of water per year, and can be expanded to a capacity of 28 billion litres over several years as demand increases.
In WA's dry climate, this provides a secure, rainfall independent water source that can supply up to 20 per cent of Perth's future drinking water needs by 2060.
The Groundwater Replenishment Trial has won a number of awards including the Australian Institute of Project Management 2013 Achievement Award for Sustainable Projects, the WA Engineering Excellence 2013 Award for Management of Engineering, and the WA Water Award for Infrastructure and Innovation. It was also a finalist in the Climate Adaptation category of the 2013 Banksia Sustainability Awards.
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Last updated: Last updated: 9 April 2015
Printed from: Groundwater replenishment helping drought-proof Perth (http://csiroaucd2-cdc.it.csiro.au/en/Research/LWF/Areas/Resilient-cities-21C/Urban-water/Perth-groundwater)


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Protest Police power in Gta 4. The time is now
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I am a defector of the LCPD and i now realize the criminal agenda of the LCPD under the Mayor.
If you are pulled over you are not even spoken to, you are either Arrested or Killed. If you make a small mistake, your gone. I did not realize the conduct of my fellow officers until i was off duty one day and watched my friend get shot for bumping into a police man while jogging.
Its up to us to bring this down, we will burn statues, burn Police cars, and use deadly force if needed and we will use any means possible to ensure they can not mess with us anymore. We will Display in The star Junction and block off the road.
Help us now.
- Revolution


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NHTSA — Power Train Problems
CarComplaints.com Notes: 2008 is the first year of the 2nd generation Highlander, & it may be a model year to avoid as Toyota most likely worked out some production quality issues with the new model.
The 2009 Highlander is the has far fewer complaints.
10.0really awful
- Crashes / Fires:
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Thursday, July 7, 2011
sometimes before we start dinner at night i let elodie watch a little of my favorite disney vignettes. here are a couple of them...
disney's robin hood title sequence complete with 'the whistle stop song' - elodie loves when we whistle this song to her before bed!
'oo-de-lally' from the same movie!
the elephant song from jungle book
a spoonful of sugar from mary poppins
golden afternoon from alice in wonderland
la la lu from lady and the tramp
once upon a dream from sleeping beauty
what are your favorites? i can't wait to show her the siamese cat song from lady and the tramp when she is a bit older.
image: still from robin hood
9 comments:
AH! i LOVE this movie. i sing the ooo-de-lally song all of the time and i haven't seen robin hood in YEARS. i also love how he explains what a "folk singer" is...ReplyDelete
Hahaha. This Robin Hood makes me think of college--I don't know why, but we were all OBSESSED with it and "Oo-de-lally" was our catch-phrase of choice.ReplyDelete
And I always sing "la la lu" to Iris before bed. Or "Stay Awake" from Mary Poppins.
LOVE THESE!ReplyDelete
I just discovered your sweet blog recently and spent yesterday afternoon reading all your past posts. LOVELY :)
I am currently pregnant with my first little guy and hubs and I are moving from NYC to LA only two months after he is born. Reading your posts about the fun activities you do with your family is getting me so excited for the move and more certain that we are making the right choice.
Thanks agin for sharing your stories!
I am here: http://paperheartsandcranes.blogspot.com/
So fun! :)ReplyDelete
I just found my disney record from when I was a little girl, my favorite song was "The Green Grass Grew All Around" (http://www.kididdles.com/lyrics/g012.html). It was great giving it another spin on the turntable.
robin hood is my favorite disney movie.ReplyDelete
I think she'll like this: http://www.ohhaveyouseenthis.com/2011/06/bloom-a-new-pogo-remix.htmlReplyDelete
Joanna suggested it for Jackson a week or so ago, and I love it as much as he does :)
obviously Baby Mine from DumboReplyDelete
I also love the two you mentioned from Robin Hood
Golden Afternoon from Alice
La La Lu and Once Upon a Dream.
This is a DreamWorks picture but both my girls fall asleep EVERY time I sing The River Lullaby from The Prince of Egypt, sometimes I sing it how it was written other times I customize bits of it to fit us.
Hush now, my baby
Be still, love, don't cry
Sleep as you're rocked by the stream
Sleep and remember my last lullaby
So I'll be with you when you dream
River, o river
Flow gently for me
Such precious cargo you bear
Do you know somewhere
he can live free
River, deliver him there...
The opening song gives me chills every time I hear it. But that's beside the point.
So This is Love from Cinderella. Lots of humming.
I'll stop there. :)
How fun...and some of these are Audrey's favorites too!ReplyDelete
Love this. Robin Hood was far and away my favorite Disney movie as a child...I even had a crush on Robin himself! True story! The songs are such classics, it's hard to match them tho a few from Aladdin are nearly as enjoyable. Have you heard the Mumford & Sons "cover" of Not in Nottingham? Perfection: http://www.youtube.com/watch?v=uaQtKZUKlVg&feature=relatedReplyDelete


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Vocal Music Lessons
Venkataramana Kalyanasundaram | 19 Nov0
Jayanthashry School Of Music | 08 Nov0
Trending Discussions
I am currently doing b.tech(3rd) from computer science. I am very interested in singing. I have great passion for singing. I want to learn singing but i belonged to poor family. If anybody can help me???
Show previous answers
Pantula Gopala Rao | 01 Dec
Prince, You can register in UrbanPro as tutor up to 12th Std or so and earn by teaching to students up to your standard and utilize the amount honorably for pursuing your passion. It is better to stand on your own legs rather than resorting to self pity. Self help is the best help. Regarding singing, I can teach Carnatic Music if you are serious about learning. Your name is PRINCE, remember that.
Bhuvana Raghavan | 01 Dec
Hi Prince, Contact me through UrbanPro. I can teach you for free if you have real passion and dedication.
Hi, I want to learn keyboard and vocal singing (light bollywood at initial level). I am 23 (working ) am I too old to start ? I have free time on weekends only, but I can even devote full day.
Show previous answers
Aditya Bhandakkar | 18 Oct
Every age is the best time to start :) Never think of it when it comes to music :) You can start anytime you want to :) My timings are flexible on weekends you can contact me for further details. Thank you,
Shipra | 20 Oct
I am a trained singer and have experience of teaching of 10 years. I give training for classical, Bengali, Hindi, Rabindra sangeet, Lok sangeet and modern singing. I have experience of playback in two commercial movies. I can arrange your examination of singing under Bangiya Sangeet Parishad. Kindly email me if interested in taking classes under my supervision. Age no bar but dedication and hardwork is all we need.
Show previous answers
Annayee Roy | 27 Sep
I am from R.k.Puram if convinient then you can cantact me. i teach Indian Vocal
Lakshmi D | 03 Oct
Go through my profile. I am teach small kids as young as 3 1/2 years old . You can contact me for further details
Show previous answers
Lakshmi Raghava | 02 Sep
yes sir they can speak properly if they learn carnatic music at 4 years age
Lakshmi Sundaram | 02 Sep
Show previous answers
Mala | 09 Sep
Yes it could be possibe
Mallika Bulusu | 16 Sep
Yes you can, Kalaikaviri, Tiruchirapalli offers BFA musc-distance education
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It's been only a few days and the thread moved so fast!
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No words found when changing letter 1 (A).
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Letter 4 (E) changed: 1 word found:
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Sugar Maple Trail is a 2.5 mile lightly trafficked loop trail located in the state of WI that features a waterfall and is rated as moderate. The trail is primarily used for hiking and camping and is accessible year-round.
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A self-guided nature trail provides informational signs identifying various plants and giving ecological principles. A short side trail leads to Pictured Rock Cave which displays a small waterfall tumbling over a limestone outcropping.
hiking2 months ago
Nice trail in the park. The wet weather waterfall was running and nice bluff cave. Trail was layed out nice. Very doable for kids


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Tikrit Tanker Bomb Leaves Dozens Killed; Iraq Executes Four on Terrorism Charges
Monday: 46 Killed, 4 Executed, 79 Wounded
On what otherwise would have been a relatively peaceful day, a suicide bomber using a tanker bomb was able to cause a significant amount of casualties at a police base in northern Iraq. Overall, at least 46 Iraqis were killed and 79 more were wounded there and in other violence. Also, while ignoring international scorn, Iraq executed another four people, including a man described as an al-Qaeda leader.
About 42 people were killed in Tikrit when a suicide bomber blew up a tanker truck bomb at police headquarters. At least 67 more were wounded. Eighteen homes were destroyed in the bombing.
At an Anbar province oil field, two engineers were shot dead and a third one was kidnapped.
Gunmen assassinated the unit commander at Badush prison in Mosul.
Knife-wielding insurgents attacked several newspaper offices across Baghdad, where they wounded at least four workers.
In Tuz Khormato, gunmen wounded the mayor and two bodyguards.
A bomb at the Ramadi home of the head of the Anbar Salvation Council wounded two bodyguards.
In Falluja, a homemade bomb wounded a woman. A sticky bomb wounded a civilian. No casualties were reported after mortars fell on an army base.
A roadside bomb on a rural highway in Anbar province exploded and wounded a police officer.
A policeman was kidnapped in Shirqat.
Read more by Margaret Griffis
- Reinforcements Sent to Mosul; 45 Killed in Iraq – December 10th, 2016
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- Soldiers Retreat after Bloody Battles in Mosul; 229 Killed in Iraq – December 8th, 2016
- Bombers Successful in Mosul, Baghdad; 129 Killed in Iraq – December 7th, 2016
- Bus Bomb Explodes at Mosul Market; 35 Killed in Iraq – December 6th, 2016


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This scholarship award is offered once for your tuition
Scholarship benefits
The scholarship covers the tuition fee for a Master's Programme. Please note that it cannot be used for living expenses, housing etc.
Method of Application
Before you can be considered for the Study Scholarship, you must first submit an application to any of University of Gothenburg Master's programme at universityadmissions.se before 15 January 2016. Note that you must apply for a masters course before this date to be eligible to apply to this scholarship.
Your academic qualifications must be submitted to University Admissions in Sweden along with your other supporting documents for the programme to which you have applied, according to the instructions at universityadmssions.se. Further instructions along with the application form will be available at the official website in mid-January 2016.
It is important to visit the official website (link to it is below) for complete information on how to apply for this scholarship, and also to access the application form.
The scholarship application period for the academic year 2016/2017 is 1 February – 13 February 2016.
The Study Scholarship is funded by the Swedish Council for Higher Education.
Scholarship offers are only valid for studies starting in the semester for which you have applied – it is not possible to defer an offer.
Please note that fee-paying applicants who have been offered a scholarship from the Swedish Institute will not be eligible for the scholarship.
The University of Gothenburg is a university in Sweden's second largest city, Gothenburg. The University is the third-oldest of the current Swedish universities, and is also among the largest universities in the Nordic countries.
Application Deadline: 13 February 2016
Open to International Applicants: Yes
More Scholarship Information and Application
Related: Scholarships in Sweden for International Students


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Redid/Finished my darling Arivae (Lati Yellow Bat Children Noa) at 2AM last night while I had downtime!
She's been put away since November/December, because I chipped her old faceup then and decided not to seal/fix it, and it spiderweb cracked throughout her whole face! I didn't have time or the inspiration to redo her.
I am very happy with the results! I did her faceup very light this time, especially the blonde brows with her white hair, it's so much better than dark brown before!
I am so happy to have her back out and played with! She gives me a sweet tooth! (๑✧◡✧๑)