Supreme Court to examine Indian Child Welfare Act requirements in adoption dispute



The South Carolina Supreme Court, saying it acted with a “heavy heart,” agreed that Matt and Melanie Capobianco had to return Veronica, now 3, to her father Dusten Brown, a registered member of the Cherokee Nation in Oklahoma. The court voted 3-2 that the 1978 Indian Child Welfare Act, passed to make it harder to remove children from Indian parents, trumped state law.


The Capobiancos “are ideal parents who have exhibited the ability to provide a loving family environment” for the little girl, Chief Justice Jean Hoefer Toal wrote. But “because this case involves an Indian child, the ICWA applies and confers conclusive custodial preference to the Indian parent.”

Veronica has been living with Brown and his parents in Oklahoma since the beginning of 2012.

The case is called
Adoptive Couple v. Baby Girl
, and no names are used in the court documents.

But the battle over Veronica has attracted national attention, with the Capobiancos pleading their case on “Dr. Phil” and Indian activists defending the law as a necessary measure to protect tribal heritage and an answer to generations of abuse in removing children from their Indian parents.

The Supreme Court has experience in the emotional toll of such cases. Justice Antonin Scalia for years has said a previous case involving the ICWA was one of the toughest of his career.

In that 1989 case, Mississippi Band of Choctaw Indians v. Holyfield, Scalia was in the majority saying the law required tribal courts to make decisions about Indian adoptions, even though it meant toddler twins might have to be removed from their adoptive parents. (In the end, a tribal court decided to leave the children where they were.)

The facts of the current case are no less wrenching. Veronica is the product of what appears to be a stormy relationship between Brown and Veronica’s mother. The two became in engaged in December 2008, and she informed him a month later that she was pregnant. Brown at the time was serving in the Army in Oklahoma.

Brown advocated for moving up the wedding; Veronica’s mother resisted, and the relationship soured. She broke it off in a text message in April.

In June, she asked Brown if he wanted to support the child or give up his parental rights. He replied, in another text message, that he would give up his rights. He said later he meant to pressure his former fiance to reconsider marriage.

But the mother, who already had two other children by another father, had by then decided to give up the baby, and the Capobiancos were eager to adopt. Matt Capobianco works for Boeing, and his wife, Melanie, has a PhD in developmental psychology. Matt Capobianco cut the umbilical cord when Veronica was born.

But Brown said that he was shocked when, just before shipping out for Iraq, he learned that the child was being put up for adoption. He called a lawyer and started the legal process that has arrived at the Supreme Court.

A South Carolina family court judge and a majority of the state supreme court said the ICWA mandates a clear preference for keeping the child with her biological Indian father, and there is no evidence that he is not a fit parent.

Both Veronica’s mother and a guardian appointed to look out for the child’s interests sided with the Capobiancos, as did Justice John W. Kittredge.

He said the court’s majority “has recast the facts to portray Father in an undeserved favorable light. . . . The reality is Father purposely abandoned this child and no amount of revisionist history can change that truth.”

The Supreme Court will look at whether it matters under the federal law that Brown is an unwed father who had given up his rights to the child. The justices will likely hear the case in April, along with two other cases accepted Friday.

One, United States v. Davila, concerns a federal judge’s role in a defendant’s decision to accept a plea bargain. The U.S. Court of Appeals for the 11th Circuit in Atlanta said a magistrate judge’s involvement leading to the plea deal means the guilty plea must be thrown out. Other courts have said the plea should be overturned only if the judge’s action could be seen as inducing the defendant to take the deal.

The other, Tarrant Regional Water District v. Herrmann, concerns a water dispute between Fort Worth and Oklahoma over drawing water from the Red River.

Read More..

Tennis: Tsonga withdraws from Sydney event with injury






SYDNEY, Jan 5, 2013 (AFP) - French tennis star Jo-Wilfried Tsonga has withdrawn from next week's Sydney International with a hamstring injury, tournament organisers said on Saturday.

The world number eight pulled out of the last major lead-up event to this month's Australian Open after suffering the injury playing for France in the mixed teams Hopman Cup in Perth on Friday.

"Unfortunately Jo-Wilfried Tsonga sustained an injury in Perth and has been forced to pull out of the Apia International Sydney with a left hamstring injury," tournament director Craig Watson said.

"We wish him a speedy recovery and all the best for a successful Australian Open."

Tsonga became the second top seed to drop out of the Sydney event after French compatriot Richard Gasquet, the world number 10, pulled out for personal reasons, organisers said.

- AFP/fa



Read More..

Centre seeks proposals on CCTV inside state buses

NEW DELHI: Centre has asked the state public transport corporations to send proposals on installing CCTV cameras inside their buses and setting up of monitoring station for keep track of the bus movements even on rural routes. Based on their fund requirement, the Centre would step in to provide financial assistance for vehicle and passenger safety.

The proposal was made on Thursday at the executive committee meeting of Association of State Road Transport Undertakings (ARSTUs) under the chairmanship of Union road transport secretary AK Upadhyaya. Sources said that the ministry is keen to provide aid to the STUs under its scheme to implement IT initiatives for better functioning of government owned public buses.

"We will send our proposals. Installation of CCTVs inside buses to keep eye on the activities is a good move, but we need to have proper monitoring centres. Moreover you need to be linked to local police so that they can take action in case of an emergency," said a senior official of a state transport corporation from south India said. He added that most of the major STUs operating buses in cities are going for global positioning system (GPS).

Mumbai's BEST and Andhra's APSRTC are some of the main corporations which are showing interest in this regard. The need for GPS and monitoring has gained importance due to the recent national uprising for women safety.

Sources said in the past two fiscal years, the road transport ministry has sanctioned Rs 71 crore to 15 SRTUs for IT projects. These transport bodies are investing another Rs 71 crores to implement the projects. ARSTU officials said another 30-40 transport corporations want the tracking system and to have a monitoring centre.

Read More..

Best Pictures: 2012 Nat Geo Photo Contest Winners









































































































');

























































































































 $'+ doc.ngstore_price_t +'';
html += ' $'+ doc.ngstore_saleprice_t +'';
} else {
html += ' $'+ doc.ngstore_price_t +'';
}
html += '
';

$("#ecom_43331 ul.ecommerce_all_img").append(html);




o.totItems++;

}// end for loop
} // end if data.response.numFound != 0

if(o.totItems != o.maxItems){
if(o.defaultItems.length > 0){
o.getItemByID(o.defaultItems.shift());
} else if(o.isSearchPage && !o.searchComplete){
o.doSearchPage();
} else if(!o.searchComplete) {
o.byID = false;
o.doSearch();
}
}// end if
}// end parseResults function

o.trim = function(str) {
return str.replace(/^\s\s*/, '').replace(/\s\s*$/, '');
}

o.doSearchPage = function(){
o.byID = false;

var tempSearch = window.location.search;
var searchTerms ="default";
var temp;

if( tempSearch.substr(0,7) == "?search"){
temp = tempSearch.substr(7).split("&");
searchTerms = temp[0];
} else {
temp = tempSearch.split("&");
for(var j=0;j 0){
o.getItemByID(o.defaultItems.shift());
} else if(o.isSearchPage){
o.doSearchPage();
} else {
o.doSearch();
}

}// end init function

}// end ecommerce object

var store_43331 = new ecommerce_43331();





store_43331.init();









































































































































































Read More..

Obama Poised to Name New Defense, Treasury Chiefs













With the "fiscal cliff" crisis behind him, President Obama is poised to name two new key players to his cabinet, with both announcements expected to come next week.


Obama will name the replacement for outgoing Defense Secretary Leon Panetta as soon as Monday, sources told ABC News. Former Republican Sen. Chuck Hagel is the likely nominee, they said.


Meanwhile, the president is also eyeing a replacement for outgoing Treasury Secretary Timothy Geithner, the longest-serving member of Obama's first-term economic team and one-time lead negotiator for the administration in the "fiscal cliff" talks.


Current chief of staff Jack Lew is all but certain to get the nod for Treasury, according to people familiar with Obama's thinking.


A White House spokesman cautioned that the president has not yet made a final decision on either post, calling reports about Hagel and Lew "merely guessing."


Still, when Obama returns from his Hawaiian vacation on Sunday, he's expected to waste little time filling out his team for a second term.


Geithner has said he would remain at his post "until around the inauguration" Jan. 20, a Treasury spokesperson said Thursday, putting the department potentially in transition just as the administration confronts the next financial "cliffs" over automatic spending cuts and the nation's debt limit.






Brendan Hoffman/Getty Images











3 Dead After Plane Crashes Into Florida Home Watch Video









Pilot Arrested After Failing Breathalyzer Test Watch Video









Colorado Police Officers on Leave After Killing Elk Watch Video





During an appearance on ABC's "This Week" in April, Geithner said the next Treasury secretary would need to be someone who is "willing to tell [Obama] the truth and, you know, help him do the tough things you need to do."


Lew, a former two-time Office of Management and Budget director and trusted Obama confidant who has held the chief of staff role since early 2012, is the front-runner for the job.


Meanwhile, Sen. John Kerry -- Obama's nominee to replace outgoing Secretary of State Hillary Clinton -- has begun making more regular appearances at the U.S. State Department before his expected confirmation later this month.


His Senate hearings are set to begin shortly after Obama's inauguration, sources say. The administration still expects Clinton to testify about the Sept. 11 Benghazi, Libya, attacks before Kerry is confirmed.


But it is the potential nomination of Republican Hagel that has caused the most stir.


Critics from across the political spectrum have taken aim at the former senator from Nebraska's record toward Israel and what some have called a lack of experience necessary to lead the sprawling Pentagon bureaucracy or its operations. The controversy has set the stage for what would be a contentious confirmation process.


"A lot of Republicans and Democrats are very concerned about Chuck Hagel's position on Iran sanctions, his views toward Israel, Hamas and Hezbollah, and that there is wide and deep concern about his policies," Sen. Lindsey Graham, R-S.C., told "Fox News Sunday."


He would not say whether Republicans felt so strongly as to expect a filibuster of the nomination.


"I can tell you there would be very little Republican support for his nomination," Graham said. "At the end of the day, they will be very few votes."


Still, Hagel, 66, a former businessman and decorated veteran who served in the Vietnam War, has won praise and admiration from current and former diplomats for his work on Obama's Intelligence Advisory Board and Panetta's Policy Advisory Board.





Read More..

Federal agencies bracing for cuts after ‘fiscal cliff’ deal



The eleventh-hour agreement to avoid a “fiscal cliff” of higher taxes put off the major cuts known as a sequester until March 1, when another showdown is expected over the federal debt limit and how much to reduce the size of government.


Congress and the White House agreed to find $24 billion to pay for the delay, divided between spending cuts and a tax change that allows Americans holding traditional retirement plans to convert more of them to Roth IRAs, a process that requires tax payments up front.

The remaining $12 billion in cuts to domestic and defense agencies will not take effect until at least March 27, when the stopgap budget funding the government expires. The first $4 billion in cuts must come by Sept. 30, the end of the fiscal year, and the remaining $8 billion in fiscal 2014, which will start Oct. 1.

The cuts will be rolled into budget deliberations on Capitol Hill, and no one knows what agencies and programs they will affect. Out of a discretionary spending budget of $1.04 trillion, $12 billion is relatively small. But it’s not a rounding error.

“There will be a few select cuts that will be painful,” said Patrick Lester, fiscal policy director at the Center for Effective Philanthropy (formerly OMB Watch). “We won’t know for months what those cuts are, which makes them easy to do.”

William R. Dougan, president of the National Federation of Federal Employees, said $12 billion “spread across the government doesn’t sound like a lot of money, but it depends on how it’s spread out.”

Even if each agency took a hit, some “will still be looking at furloughs and even [reductions in force] as a possible solution,” he said. Those are some of the near-certain actions many agencies have said they would take if they had to make the across-the-board cuts Congress imposed in 2011 to force itself to reckon with the federal deficit.

On Wednesday, government and union leaders said that threat, just two months away, is making them nervous.

Defense Secretary Leon E. Panetta said Congress has “prevented the worst possible outcome by delaying sequestration for two months.”

But he warned that the “the specter of sequestration” threatens national security.

“We need to have stability in our future budgets,” Panetta said in a statement. “We need to have the resources to effectively execute our strategy, defend the nation, and meet our commitments to troops and their families after more than a decade of war.”

Several officials said they are still sorting out what the two-month delay means.

“We are working hard with [the Office of Management and Budget] to understand the impact, but we’re just not there yet,” said Army Lt. Col. Elizabeth Robbins, a Defense Department spokeswoman.

Defense consultant Jim McAleese said the deal to raise taxes on families with income above $450,000 and individuals earning more than $400,000 will bring in so much less revenue than the $250,000 threshold President Obama proposed that steep defense cuts are inevitable.

Instead of the $10 billion in cuts a year over 10 years that the Defense Department could have expected to see under Obama’s most recent deficit reduction plan, McAleese said the reductions could be more in the range of $15 billion to $20 billion a year over 10 years.

“People were talking before about defense cuts of $10 billion per year, but the sheer size of the disagreement is going to bring about an immediate, aggressive reaction that will impact the final outcome of the spending cuts,” he said.

Colleen M. Kelley, president of the National Treasury Employees Union, said of the $12 billion in cuts, “I would hope agencies could find these savings without impacts on front-line employees and without impacts on services to the public. We have more questions than answers right now.”

Steve Vogel contributed to this report.

Read More..

Australian soy milk action widened to Japanese firms






SYDNEY: Hundreds of Australians who became sick after drinking soy milk containing dangerously high levels of iodine have widened their class action to include two Japanese companies, lawyers said.

About 600 Australians became ill after consuming Bonsoy milk, many suffering thyroid problems, up until the product was withdrawn from sale in late 2009, Maurice Blackburn Lawyers said late Thursday.

The case against the Australian brand owner Spiral Foods launched in the Victorian Supreme Court in 2010 had been widened to include manufacturer Marusan-ai Co Ltd and exporter Muso Co Ltd, the firm said.

"We say that these three companies had test results in mid-2006 which showed that Bonsoy contained extremely high levels of iodine, but they did nothing," said senior associate Irina Lubomirska in a statement.

Lubomirska said the companies had breached consumer protection laws in Australia and Japan.

"None of the three companies did anything to ensure that Bonsoy, which was marketed and sold as a premium health-food soy brand, was in fact safe to consume," she said.

The class action alleges that Spiral requested a reformulation of Bonsoy to include iodine-rich kombu instead of adding salt and that as a result the product had contained excessive iodine since mid-2003.

It also alleges that consumer concerns about iodine were repeatedly dismissed.

Victims are seeking compensation for medical expenses and loss of income as well as for the pain and suffering.

By the time Bonsoy was recalled in late 2009, after Australian authorities discovered that one glass contained seven times the upper safe dose of iodine for adults, it had been on the market for six years, Maurice Blackburn said.

Because it was touted as a healthy product, some consumers had increased their intake when they became ill, Lubomirska added.

A directions hearing on the matter is scheduled for March 8.

-AFP/ac



Read More..

1 pilot, 3 airhostesses found drunk since Christmas

NEW DELHI: The fear of losing their flying licence led to pilots celebrating Yuletide and ushering in the New Year on a sober note this year. Authorities caught only one pilot — but three airhostesses — reporting to work in an inebriated state during breathalyser (BA) tests done at airports from Christmas to Wednesday.

All four flight personnel were from Jet Airways. "We have a zero tolerance policy for this issue and carry out strict BA tests. Whoever fails the tests is, as per DGCA guidelines, suspended for three months," said aJet spokesperson.

A DGCA official said two flight crew members failed the BA test in Chennai and one each in Delhi and Kochi. "The punishment is very severe now for pilots failing BA tests as their licence is suspended for three months when caught first time and for five years for the second time. This means end of flying career as a five-year suspension will lead to all eligibilities lapsing," he added.

Read More..

Pictures We Love: Best of 2012

Photograph by Mindy Schauer, Orange County Register/AP

Powder-splattered, and powder-splattering, runners cross the finish line of The Color Run 5K in Irvine, California, on April 22. Each kilometer (0.6 mile) of the event features a color-pelting station dedicated to a single hue, culminating in the Pollock-esque riot at kilometer 5.

The "magical color dust" is completely safe, organizers say, though they admit it's "surprisingly high in calories and leaves a chalky aftertaste."

See more from April 2012 >>

Why We Love It

"Vibrant color floating through the air automatically brings to mind festive Holi celebrations in India. We expect to see revelers in Mumbai but instead find a surprise in the lower third of the frame—runners in California!"—Sarah Polger, senior photo editor

"There are a lot of eye-catching photographs of the festival of Holi in India that show colored powder in midair, but this particular situation has the people all lined up in a row—making it easy to see each of their very cinematic facial expressions."—Chris Combs, news photo editor

Published January 3, 2013

Read More..

James Holmes Defense: Was He Insane?


Jan 3, 2013 5:30pm







James Holmes court appearance mr 120723 wblog James Holmes Defense Witnesses in Colorado Shooting to Testify on Mental State

James Holmes appears in court, Centennial, Colo., July 23, 2012. RJ Sangosti/AP Images.



ABC’s Clayton Sandell and Carol McKinley report:


A judge ruled Thursday that public defenders for accused Colorado theater shooting suspect James Holmes can call two unidentified witnesses at next week’s preliminary hearing to testify about the defendant’s “mental state.”


Arapahoe County, Colo. prosecutors had sought to keep the witnesses out of court, but Judge William Sylvester ruled that the now-25-year-old accused killer has a right to call the witnesses at a preliminary hearing.


The Jan. 7 preliminary hearing will essentially be a mini-trial in which prosecutors will present witness testimony and evidence to convince the judge that there is enough of a case against Holmes to proceed to a trial.


Witnesses to be called for the prosecution include the Aurora police lead detective, first responders, the Arapahoe County coroner and likely a computer forensic specialist, according to prosecution sources who declined to be identified, citing a gag order in the case.


A top priority, the prosecution sources say, will be showing that Holmes acted with premeditation when he allegedly murdered 12 people and wounded 58 on the night of July 20 during a midnight showing of “The Dark Knight Rises.”


Defense attorneys may pursue a legal strategy to show that Holmes was not in his right mind at the time of the shooting.


Holmes, who has not yet entered a plea, has been repeatedly described in court by his legal team as mentally ill. While a graduate student at the University of Colorado, he was in the care of a psychiatrist.


Prosecutors say they will also present photos, video and 911 calls during the hearing, which is expected to last all week.


It’s not clear what the two witnesses’ relationship is to the shooting, or to Holmes.


Prosecutors, Judge Sylvester’s order says, contend that “neither witness has personal knowledge of the events at the Century Aurora 16 Theater.”


Sylvester said the witnesses are non-expert “lay witnesses” who have so far chosen not to be interviewed by defense investigators but have been cooperating with law enforcement.



SHOWS: World News






Read More..