Stand Your Ground motion denied in Janepsy Carballo case




















It will be up to a jury to decide if Janepsy Carballo was justified in the killing of the man she said killed her husband.

The Stand Your Ground motion filed by her defense was denied on Friday, based largely on Carballo’s inadvertent confession to a confidential informant who was wearing a police wire to investigate an unrelated drug charge at the pain management clinic where she worked.

Miami circuit court judge Beth Bloom said the tape of that conversation and the circumstances of the shooting “belied the claims” of forced entry and self-defense.





In 2008, Carballo shot Ilan Nissim six times in the back and arm one month after her husband and toddler son were shot in front of her house. Her son survived; her husband did not. Nissim was a suspect in the murder.

The controversial 2005 Stand Your Ground law eliminated a citizen’s duty to retreat when using lethal force to meet a threat of harm. The law also allowed judges greater leeway to dismiss a charge based on a self-defense claim.

The law came under scrutiny earlier this year when police initially declined to charge a self-proclaimed neighborhood watchman in the killing of Trayvon Martin in Sanford.

Carballo will go to trial in April facing murder charges.

This article will be updated as more information becomes available.





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Nokia, RIM settle old disputes in new patent pact






HELSINKI (AP) — Nokia Corp. and Canadian smartphone rival Research In Motion have agreed on a new patent licensing pact which will end all existing litigation between the two struggling companies, the Finnish firm said Friday.


The agreement includes a “one-time payment and on-going payments, all from RIM to Nokia,” Nokia said, but did not disclose “confidential” terms.






Last month, Nokia sued the Blackberry maker for breach of contract in Britain, the United States and Canada over cellular patents they agreed in 2003. RIM claimed the license — which covered patents on “standards-essential” technologies for mobile devices— should also have covered patents for non-essential parts, but the Arbitration Institute of Stockholm Chamber of Commerce ruled against RIM’s claims.


Major manufacturers of phones and wireless equipment are increasingly turning to patent litigation as they jockey for an edge to expand their share of the rapidly growing smartphone market.


Nokia is among leading patent holders in the wireless industry. It has already received a $ 565 million royalty payment from Apple Inc. to settle long-standing patent disputes and filed claims in the United States and Germany alleging that products from HTC Corp. and Viewsonic Corp. infringe a number of its patents.


The company says it has invested €45 billion ($ 60 billion) during the last 20 years in research and development and has one of the wireless industry’s largest IPR portfolios claiming some 10,000 patent families.


Nokia’s share price closed down 3.5 percent at €3.05 on the Helsinki Stock Exchange.


Wireless News Headlines – Yahoo! News





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The Words Exclusive DVD Bonus Features Clip

Bradley Cooper has built his career on playing men stuck between a rock and a hard place -- from The Hangover to Limitless, audiences simply adore watching the actor wriggle out of sticky situations.


RELATED - Bradley Cooper Talks The Words


The Words
promises to elate his fans once again as Cooper plays Rory Jansen, a struggling writer who finally achieves literary success after publishing what is called The Next Great American Novel. The only catch? He didn't write it.

When the original author surfaces, Jansen is forced to confront his choices and decide whether it's more important to keep up the lie or come clean. Throughout it all, one person is by his side: Dora (played by Zoe Saldana). 


VIDEO - Zoe Saldana's Avatar Sequel update

ETonline is pleased to present an exclusive clip off the DVD, where Cooper and Saldana talk about this epic cinematic love story. 

The Words will be released on December 24, click here to pre-order.

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Oreo cookie maker Mondelez gives CEO $10M stock award








The company that makes Oreo cookies is sweetening the pay for its CEO with a special stock award valued at $10 million.

Mondelez Inc. says in a regulatory filing that the reward recognizes Irene Rosenfeld for "top-tier performance," including the recent "highly successful" spinoff of its Kraft Foods grocery business.

Mondelez, which also makes Cadbury chocolates and Trident gum, says the pay also is intended to give her incentive to continue delivering strong results. It includes restricted stock that will vest after three years and restricted stock based on the company's performance.





AP



Irene Rosenfeld





Rosenfeld, who took over as CEO in 2006, received a pay package worth $15.7 million as CEO of Kraft Foods Inc. last year, according to an Associated Press calculation.

Mondelez is based in Deerfield, Ill.










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Miami-Dade jobless rate drops to 8.4 percent; Florida rate drops to 8.1 percent




















Florida’s unemployment rate dropped to 8.1 percent for November, down .4 percent over the previous month, bring it to November 2008 levels. It was the largest drop in month over month rates since October 1992, reported the state’s Department of Economic Opportunity.

In Miami-Dade County, the unemployment rate dropped to 8.4 percent when adjusted for seasonality; that represents a drop of .3 percent from October 2012 and 1.8 percent from November 2011.

In Broward County, the jobless rate dropped to. 7.0 percent, down .1 percent from October and down 1.8 percent from November 2011; seasonally adjusted numbers will not be released for Broward until later in the month.





Statewide, the total number of job postings increased sharply in November 2012 compared to the previous November by 29,522 (an increase of 12.4 percent), for a total of 267,310 openings (seasonally-adjusted), according to the Help Wanted OnLine data series from the Conference Board, Gov. Rick Scott’s office reported.

Broward County showed its first gain in construction jobs in 66 months. Miami-Dade continued to lose construction jobs for a 62th month.

Jane Wooldridge





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Religious leaders, students in South Florida remember Newtown tragedy with observances




















South Florida religious leaders will be remembering the 20 children and six adults killed in the mass shooting at Sandy Hook Elementary School in Newtown, Conn.

On Friday, all Archdiocese of Miami schools will have a moment of prayer at 9:32 a.m. The archdiocese’s churches also will ring their bells 26 times in observance of those killed.

On Sunday, Temple Judea in Coral Gables will offer an interfaith service that will be open to everyone. Rabbi Edwin Goldberg said the idea was to offer a chance for the community to come together after what happened in Newtown.





“The point of the service is to come together and find comfort and hope,” Goldberg said.

Here are some of the observances:

•  Interfaith service organized by South Florida Muslim community, 2:30 p.m. Friday, Darul Uloom Institute, 7050 Pines Blvd. in Pembroke Pines.

•  Spiritual bouquet for Newtown students by the students of St. Rose of Lima in Miami Shores, prayer service at 10 a.m. Friday.

•  Prayer jar by students at Good Shepherd School in Southwest Miami-Dade to be sent to Newtown students.

•  Interfaith service, 4 p.m. Sunday, at Temple Judea, 5500 Granada Blvd. in Coral Gables.





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Who Is Miss Universe Olivia Culpo?

It was an exciting Wednesday night for Americans as Miss USA Olivia Culpo became Miss Universe. But how well do we know this New England beauty?

Here are five little-known facts about the beauty queen:

5. The 2012 Miss Rhode Island USA pageant was the first beauty contest Culpo had ever entered.

4. Culpo is the first winner from the U.S. to become Miss Universe since Brook Lee in 1997.

3. Miss Universe is rumored to be dating Olympic swimmer Ryan Lochte. In fact, the athlete was so smitten with Culpo, he told E!, "She is beautiful. I love hanging out with her. She has a great sense of humor. She makes me laugh."

2. A cellist since the second grade, Culpo has played at the Boston Symphony Hall, Carnegie Hall and in England.

1. What does Miss Universe crave food-wise? She told Shape magazine, "This is such a random craving, but all throughout the pageant I was craving peanut butter and jelly! Oh my goodness, it is so good. I could live off of it."


Does Miss Universe have your vote?

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BMG nears $90M deal for Sony/ATV song catalog








BMG Rights is close to a deal for Sony/ATV’s Rosetta music publishing catalog, several sources told The Post.

One executive said the music publishing firm had offered around $90 million for the rights to some 30,000 songs.

Rosetta is packed with ’80s hits from acts such as Tears for Fears, Culture Club and Devo, along with British songstress Duffy’s “Mercy.”

Sony/ATV, a joint venture of Sony Music and the estate of Michael Jackson, agreed to sell the catalog to win European Union approval for its $2.2 billion purchase of EMI’s publishing arm.

BMG Rights is backed by German media giant Bertelsmann and private-equity firm KKR.





AP



Duffy





Other bidders for the catalog included Warner Music Group and G2 Investment Group, as well as Saban Capital, Canada’s Ole and Paris indie Because Music.

A spokesman for Sony ATV couldn’t be reached.

catkinson@nypost.com










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Carnival fourth-quarter profits tumble




















MIAMI (AP) – Cruise operator Carnival Corp. said Thursday that its fiscal fourth-quarter net income tumbled 57 percent, hurt by lower ticket prices and higher fuel costs.

Despite the drop, the results beat Wall Street predictions. But the Miami-based company issued a lower-than-expected profit prediction for the full year, and its shares fell 6 percent in morning trading.

Cruise line operators entered 2012 thinking they could start charging passengers more again after offering widespread discounts following the 2007-2009 recession. But just two weeks into the year, 32 people died when Carnival’s Costa Concordia sank off the coast of Italy. Bookings slumped even as cruise companies lowered prices.





For the quarter ended Nov. 30, Carnival earned $93 million, or 12 cents per share, down from $217 million, or 28 cents per share, in the same quarter last year. Excluding one-time items, the company, which operates Holland America Line, Princess Cruises and Carnival Cruise Lines, said it posted an adjusted profit of 13 cents per share.

Revenue fell 3 percent to $3.58 billion from $3.7 billion.

Analysts, on average, expected a profit of 11 cents per share on $3.49 billion in revenue, according to a FactSet poll.

Carnival’s revenue yields, which measure the amount a cruise company makes from its passengers after removing expenses, fell 4.5 percent, but were better than the 5 to 6 percent drop the company projected in September. In addition, fuel prices rose 5.4 percent to $716 per metric ton, but weren’t as high as the $739 per metric ton the company expected.

Those factors helped offset an increase in operating costs, resulting in the better-than-expected quarterly results, the company said.

For the full year, Carnival earned $1.3 billion, or $1.67 per share, down from $1.91 billion, or $2.42 per share, in the previous fiscal year. Revenue fell to $15.38 billion from $15.79 billion.

Carnival said that over the past six weeks, booking volumes for the first three quarters of this year were about the same as they were at the same time last year, with slightly lower prices. But overall advance bookings for 2013 continue to trail levels a year ago at slightly lower prices, the company said.

Carnival said it currently expects full year 2013 net revenue yields, excluding the effects of currency exchange rates, to rise between 1 and 2 percent. The yields are expected to decline 2 to 3 percent in the first quarter, but then improve sequentially during the rest of the year as ticket prices and occupancy for the North American brands and Costa recover.

Taking those expectations into account, Carnival projected an adjusted 2013 profit of $2.20 to $2.40 per share. Analysts had expected $2.47 per share.

The company also projected a fiscal first-quarter profit of 3 to 7 cents per share, while analysts expect a profit of 5 cents per share.

Carnival shares fell $2.15, or 6 percent, to $36.91 in morning trading.





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New poll: Many Florida voters say they wouldn’t re-elect Scott as governor




















Gov. Rick Scott continues to suffer from poor approval ratings despite an improving economy and lowering unemployment, and a majority of voters say they wouldn’t vote to re-elect him, a new poll shows.

The poll found, among other things, that many voters are crediting the Obama administration with an improving economy, rather than Scott.

A Quinnipiac University poll released Wednesday showed Florida voters disapprove by 45-36 percent of the job Scott is doing, and 52 percent said he doesn’t deserve a second term, compared to just 30 percent who told pollsters Scott should be re-elected.





The poll also found that 55 percent of voters — including 53 percent of Republicans — say they’d like another Republican to challenge Scott for the GOP nomination in 2014.

Republican voters do give Scott a positive 63-19 percent job approval rating, however, and GOP voters say by a 55-26 percent margin that he deserves a second term.

“Obviously, the governor has almost two years to go until the election and anything is possible, but he faces a herculean task in changing public opinion to his favor,” said Quinnipiac pollster Peter Brown.

Scott, who has struggled with negative approval ratings since being elected in 2010, plans to seek re-election next year. The only declared candidate challenging him is Democratic former state Sen. Nan Rich. Former Republican Gov. Charlie Crist, who is now a Democrat, is considering a run, and Democrat Alex Sink, who narrowly lost to Scott in 2010, is thought to be mulling a rematch.

Crist, who was governor as a Republican from 2007 to 2011 and lost a bid as an independent in 2010 for the U.S. Senate, has a 47 percent favorable rating and 33 percent unfavorable mark among all voters, according to the Quinnipiac poll. His favorability among Democrats is 65 percent and among independents is 48 percent, but only 28 percent of Republicans have a favorable view of Crist, compared to 56 percent who have an unfavorable view.

Crist on Wednesday said he has no timetable for deciding whether to run for governor. Of Scott’s poor rating he said, “I would attribute the downturn to this voting issue,” meaning the election law Scott signed that is still controversial.

Asked what factors he would use to decide, he said: “I love my state and my heart bleeds for the people of Florida right now. I think we can do better with education in our state, with the environment in our state. …”

Sink overall is viewed favorably by just 27 percent of voters and unfavorably by 14 percent, but 57 percent of respondents didn’t have an opinion.

Among four other possible Democratic challengers the poll asked about — Rich, Orlando Mayor Buddy Dyer, former Tampa Mayor Pam Iorio and South Florida businessman and former lawmaker Jack Seiler — none has a favorability score of more than 17 percent and the overwhelming number of respondents said they didn’t know enough about them to have an opinion.

The only other Republican the pollsters tested was Agriculture Commissioner Adam Putnam, thought by many to be a likely candidate for governor in the future. But 80 percent of voters don’t have an opinion currently about Putnam, a longtime former Congressman and former state legislator.

Respondents said they dislike Scott’s policies by 52 percent to 32 percent, though nearly half of voters say they’re at least somewhat satisfied with the way things are going in Florida — the highest so far during Scott’s term. The poll didn’t ask specifically what policies voters don’t like.

Scott has staked his success on creating jobs, and has been able to boast about a falling unemployment rate for several months. Florida’s jobless rate fell in October to 8.5 percent, its lowest level since December 2008, and non-farm employment has grown for more than 27 straight months. When Scott got elected, unemployment in the state was at 12 percent, so he has made good to some degree on his main promise of getting people back to work.

Pollsters found, however, that many voters are crediting the Obama administration with the improving economy. Twenty-seven percent of respondents said the president deserves “a lot” of the credit for the improving economy, to just 16 percent who think Scott deserves “a lot” of the credit. Similarly, though, those voters who believe the economy is getting worse, overwhelmingly blame Obama rather than Scott.

The poll also found a 52-30 percent approval rating for U.S. Sen. Marco Rubio, a Republican, and a 51-31 percent approval rating for U.S. Sen. Bill Nelson, a Democrat. The Legislature, generically, is seen negatively by 44 percent of respondents with just 35 percent approving of lawmakers on the whole.

The poll included 1,261 registered voters and was taken Dec. 11-17. It has a margin of error of plus or minus 2.8 percentage points.





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