Jaycob Curlee's future on 'America's Got Talent' in hands of the voters

"America's Got Talent" had a stark message for its contestants on Tuesday night: Being nice isn't good enough. And that message might have come just a little too late for Daphne's Jaycob Curlee.

Fortunately, Curlee wasn't the recipient of any of the real beatdowns handed out by the judges on Tuesday -- and there were a couple that were really painful to watch. (Or really enjoyable, if you happen to enjoy seeing misguided dreams crushed.) He wasn't one of the night's breakout successes, but he also wasn't one of its flops, and he did get an encouraging dissent from one member of the jury.

As in the first round of quarterfinals, twelve acts performed live on Tuesday. After a round of viewer voting, the results will be revealed in a live broadcast airing at 8 p.m. Wednesday on NBC.

Five will advance toward the show's $1 million prize. Seven will head for home. Here are one man's quasi-educated guesses about how that will play out.

Looking Good:

Andrey Moraru – In my pre-show picks, this hand balancer was among the long shots, mainly because hand balancing is such a specific performance genre. But the guy took it to a level nobody even knew was there, giving his routine a grace and flow that seemed to draw on dance as much as circus skill. Three judges came to their feet, including Howie Mandel, who called it "hands down, best act so far tonight." Howard Stern, the judge who remained seated, said "If America does not vote for you, then this show is a sham."

Juan Carlos – Yes, the stocky middle-aged rollerblade dancer is a joke. But he has three things going for him. One, he's ridiculous in a happy way. Two, he used every resource the show could give him, from backup dancers to a completely over-the-top multimedia setting. Three, it's becoming more obvious than ever that some of the judges are touting him purely because he irritates Stern. Stern was incensed, but it won't do him any good. Essentially, at this point, a vote for Juan Carlos is a vote to stick it to Howard Stern. Juan Carlos is going to get a lot of votes.

Aerial Animation – The presentation, in which a performer using aerial techniques and gymnastics to interact with an animated backdrop, didn't seem significantly more ambitious than what we saw in the act's first appearance, but it took the very clever approach of continuing the story told in that debut. That won over the judges, with Stern calling it the "second act of the night that people must vote for."

Acte II – This operatic duo tackled "I Will Always Love You." It was a potentially risky move, because the song has become a talent-show cliché. But they reworked it so completely that their take didn't seem like a pop-opera gimmick. Stern wasn't crazy about it, but Heidi Klum raved: "I hope America is going to vote for the two of you because you have to move forward," she said. "Your voices were so strong, it enveloped this whole room," added Mandel.

Jaycob Curlee – Labyrinth's "Beneath Your Beautiful" was an intriguing song choice, and Curlee ramped up his vocal intensity as he moved through it, though not enough to suit the judges. "It was a nice performance, it was a beautiful performance, but not passionate, and passionate is what's going to win this thing," warned Stern. Klum and Mel B. agreed, but Mandel dissented and prompted the audience to weigh in with an impressive ovation. That suggests the votes might be there. Maybe I'm letting hometown bias creep in, but look at it this way: Out of three pop music acts on Tuesday, Curlee did the best.

Not Looking So Good:

Livy, Matt & Sammy -- Last week it was The Willis Clan who fought to keep their game faces on as the judges eviscerated their underwhelming performance. This week, a clean, soft, generic coffeehouse trio decided to do a clean, soft, generic rendition of Queen's "Fat Bottomed Girls." It was a horrible decision and they paid for it. Mel B. hit them first: "Something went missing with you guys tonight," she said. "I mean, that was a nice performance, and I don't think what we're looking for is just nice." Heidi Klum used terms like "lackluster" and "too mellow." Howard Stern said, "You guys felt like an opening act tonight." Howie Mandel tried to whip up a little support from the crowd, but overall, it was brutal.

Mat Franco – Franco brings a fresh, appealing feel to the presentation of his magic tricks, and the card trick he did on Tuesday used some big elements that helped step up the showmanship for the big stage. But it also seemed to depend on planting a card on Mandel before the actual presentation, and if that's what happened, where was the magic?

The Hart Dance Team – The set was bigger and flashier, but was there anything more impressive about the dancing itself? The judges weren't convinced. "The dancing is dancing like you would expect, to a level you would expect," said Mandel, hitting a note of ambivalence that the others picked up.

Loop Rawlins – The wild-west performer stepped up his lariat act with elements that included plenty of fire. But he didn't break out and take it beyond expectations the way Andrey Moraru and Juan Carlos did. Stern sort of talked it up, saying he hoped people would vote for Rawlins but wasn't sure they would. Mel B. wondered "how much of this twiddling around can I actually watch?" This prompted a bit of a spat between the judges as to whether they were looking for stand-alone stars, or just acts that would fare well as part of a larger variety show.

John & Andrew – The judges seem to like this gay-straight male salsa duo, and why not? They're likeable, and their moves are impressive enough to elevate them beyond a novelty act. But their performance on Tuesday didn't impress all the judges as their best, and it didn't seem to escalate their game.

Mara Justine – After a debut in which this 12-year-old singer sang like a soul belter three times her age, she returned with an offbeat song choice: "Unconditionally." Let's face it, that was an unfortunate song choice even for Katy Perry, who somehow made it a hit. The melodic phrasing of the title word is so awkward that my kids call it the pizza song, because it sounds like Perry is singing "I'll get DiGiorno." Justine got better after a wobbly start, but it still left the judges saying things like "if you do get through ..." That's pretty close to a kiss of death.

Darik Santos – This would-be comic could be one of those anti-comedians in the mold of Andy Kaufman and Neil Hamburger, continually challenging expectations by taking listeners to the edge of funny and then leaving them hanging. Or he could just be a quirky guy who knows how to get to the edge of funny and no further. After Tuesday night's show, the decision seemed to be tipping firmly toward the latter explanation. Howard Stern said, "I don't know if you're ha-ha funny, but you are interesting." If he'd been a Southerner, he would have added, "... bless your heart."

My track record from last week is a mediocre three out of five, so feel free to offer you own picks below.

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