clubracergt1
10-02-2009, 07:06 AM
Perhaps, one day, this stuff can move out of the Gentleman's section
From the Post and Courier:
Judge details poker ruling
Players' skills cited in voiding convictions
By Schuyler Kropf
The Post and Courier
Friday, October 2, 2009
The judge who threw out the convictions of five poker players busted by Mount Pleasant police three years ago said that playing Texas Hold 'em in a private residence does not violate the state's anti-gambling laws.
In an order detailing his reasons for reversing the convictions, Circuit Judge Markley Dennis said the evidence is overwhelming that the players' chosen game of Hold 'em is determined more by "the relative skill of the player" than anything else.
"A more skilled player will consistently beat a less skilled player, and a player's skill can be improved over time through study and practice," Dennis said in Thursday's order.
Additionally, Dennis said success at Texas Hold 'em "requires reasoning and deductive skills that belie the notion that the outcome is determined solely, or even primarily, by the cards one is dealt."
The filing is a further explanation of Dennis' decision last month overturning the players' convictions by a Mount Pleasant municipal judge.
Greenville attorney Jeff Phillips, who represents the five players, said the order marks a giant step toward decriminalizing a game proponents call the "Cadillac" of poker.
"Although this opinion is a circuit court opinion, and thus has no binding authority over other courts in the state, it is a huge victory for the tens of thousands of South Carolina citizens who enjoy the great game of poker," Phillips said.
John Ridgeway, South Carolina state director of the Poker Players Alliance, called the ruling a "well-deserved legal victory for the players, the American game of poker and for common sense under the law."
In the order, Dennis touched on several points about the state's anti-gambling laws, calling some "unconstitutionally vague and overbroad."
He also questioned what constitutes "a house of gaming" under state law.
"If a residence can become a 'house used as a place of gaming' one must wonder -- for surely the statute provides no clues -- when and how this transformation occurs," the order states.
Questions listed included whether the transformation occurs if a family member plays, if a stranger takes part in a game, if a profit is taken and the type or frequency of games played.
"These questions merely scratch the surface of the issues that must be resolved in order to apply the statute to the playing of a game with cards or dice in a home," the order states.
The case dates to April of 2006 when Mount Pleasant police raided a private home on Glencoe Street, where about two dozen people were cited after authorities discovered two Texas Hold 'em tables operating.
Authorities said the game was a for-profit gambling operation and a community nuisance.
About 20 players opted not to fight the charges, pleading guilty.
The others chose to confront the charges in court, eventually being convicted of gambling charges in front of Municipal Court Judge Larry Duffy.
Dennis' ruling is likely to be appealed, and the issue legalizing "social" gambling also is likely to be debated next year by the state Legislature.
From the Post and Courier:
Judge details poker ruling
Players' skills cited in voiding convictions
By Schuyler Kropf
The Post and Courier
Friday, October 2, 2009
The judge who threw out the convictions of five poker players busted by Mount Pleasant police three years ago said that playing Texas Hold 'em in a private residence does not violate the state's anti-gambling laws.
In an order detailing his reasons for reversing the convictions, Circuit Judge Markley Dennis said the evidence is overwhelming that the players' chosen game of Hold 'em is determined more by "the relative skill of the player" than anything else.
"A more skilled player will consistently beat a less skilled player, and a player's skill can be improved over time through study and practice," Dennis said in Thursday's order.
Additionally, Dennis said success at Texas Hold 'em "requires reasoning and deductive skills that belie the notion that the outcome is determined solely, or even primarily, by the cards one is dealt."
The filing is a further explanation of Dennis' decision last month overturning the players' convictions by a Mount Pleasant municipal judge.
Greenville attorney Jeff Phillips, who represents the five players, said the order marks a giant step toward decriminalizing a game proponents call the "Cadillac" of poker.
"Although this opinion is a circuit court opinion, and thus has no binding authority over other courts in the state, it is a huge victory for the tens of thousands of South Carolina citizens who enjoy the great game of poker," Phillips said.
John Ridgeway, South Carolina state director of the Poker Players Alliance, called the ruling a "well-deserved legal victory for the players, the American game of poker and for common sense under the law."
In the order, Dennis touched on several points about the state's anti-gambling laws, calling some "unconstitutionally vague and overbroad."
He also questioned what constitutes "a house of gaming" under state law.
"If a residence can become a 'house used as a place of gaming' one must wonder -- for surely the statute provides no clues -- when and how this transformation occurs," the order states.
Questions listed included whether the transformation occurs if a family member plays, if a stranger takes part in a game, if a profit is taken and the type or frequency of games played.
"These questions merely scratch the surface of the issues that must be resolved in order to apply the statute to the playing of a game with cards or dice in a home," the order states.
The case dates to April of 2006 when Mount Pleasant police raided a private home on Glencoe Street, where about two dozen people were cited after authorities discovered two Texas Hold 'em tables operating.
Authorities said the game was a for-profit gambling operation and a community nuisance.
About 20 players opted not to fight the charges, pleading guilty.
The others chose to confront the charges in court, eventually being convicted of gambling charges in front of Municipal Court Judge Larry Duffy.
Dennis' ruling is likely to be appealed, and the issue legalizing "social" gambling also is likely to be debated next year by the state Legislature.