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Polanski case won't be moved out of LA

LOS ANGELES, Feb. 3 (UPI) -- Roman Polanski's request to have his 31-year-old unlawful sex case moved out of Los Angeles because of alleged judicial bias has been denied.

E! News said California's 2nd District Court of Appeals, a three-judge panel, announced its decision Monday.

Polanski pleaded guilty in 1978 to unlawful sexual intercourse with a 13-year-old girl but fled the United States before he could be sentenced. He has never returned to the country and a warrant is still in effect for his arrest.

Lawyers for the French-born film director, who is now 75, recently asked a Los Angeles court to dismiss the case based on purported new evidence featured in the HBO documentary, "Roman Polanski: Wanted and Desired." Polanski's lawyers say the film shows "repeated, unlawful and unethical misconduct" by the Los Angeles district attorney's office and the late judge who initially oversaw Polanski's case.

The filmmaker's lawyers had also asked that the decision as to whether the case should be dismissed or not be made by a jurist outside of Los Angeles; that was the request the Court of Appeals denied Monday.

A court representative told E! News a hearing also has been scheduled for Tuesday to determine whether Polanski should have to appear in person to seek to have his case dropped or if his lawyers can continue acting on his behalf.

Hudson lip-synced at Super Bowl

TAMPA, Fla., Feb. 3 (UPI) -- The producer of this week's Super Bowl show in Tampa, Fla., said Oscar winner Jennifer Hudson lip-synced "The Star-Spangled Banner" before the game.

Sunday's game marked Hudson's first public performance since her mother, brother and 7-year-old nephew were shot and killed in Chicago last October.

"This was such an important performance, because it's the first time everyone has seen Jennifer," the show's producer, Ricky Minor, told Us Weekly. "But she's in such a great place, with such great spirits and time can heal her wounds. She's on fire right now and totally grounded."

Minor said it was he who insisted Hudson sing to a track she prerecorded at the event.

"That's the right way to do it," Minor told the magazine. "There's too many variables to go live. I would never recommend any artist go live, because the slightest glitch would devastate the performance."

Spears taking children on tour with her

LOS ANGELES, Feb. 3 (UPI) -- U.S. pop star Britney Spears says she has been granted permission to take her two toddler-age sons with her on her upcoming concert tour.

The 44-date "Circus" tour is to begin March 3 in New Orleans and wrap up April 28 in Chicago.

"Both Sean Preston and Jayden James will, in fact, be joining Britney throughout the duration of her tour," a posting on Spears's blog said. "Britney is so excited to kick off her tour. She has been enjoying every moment of rehearsals and is looking forward to performing in front of a live audience again."

Spears's ex-husband, Kevin Federline, has physical and legal custody of Sean, 3, and Jayden, 2. However, the 27-year-old singer has nearly equal access to them through visitation rights, People.com said.

Dev Patel to star in Shyamalan's next

LOS ANGELES, Feb. 3 (UPI) -- Hollywood filmmaker M. Night Shyamalan has cast "Slumdog Millionaire" star Dev Patel in his upcoming, live-action movie, "The Last Airbender," Variety.com said.

The film, which is based on an animated Nickelodeon television series, will co-star newcomer Noah Ringer, as well as Nicola Peltz, Jackson Rathbone and Jessica Jade Andres.

Production is to begin in mid-March in Greenland, the entertainment industry trade newspaper said.

The first picture in the planned three-movie "Airbender" series is expected to hit theaters July 2, 2010.

Shyamalan's films include "The Sixth Sense," "Unbreakable," "Signs," "The Village," "Lady in the Water" and "The Happening."