South Carolina Appeals Court Reverses Poker Convictions

Judge says Texas Hold’em a game of skill

by , Sep 18, 2009 | 3:26 pm

Five South Carolina poker players convicted of gambling in February — after a raid on a private home in 2006 — had their convictions overturned on appeal yesterday.

From the Post and Courier:

In a letter that supports the argument that Texas Hold ‘Em is a game of skill, not one of chance, Circuit Judge R. Markley Dennis said this week it is his opinion the state Supreme Court would likely adopt “the dominate factor test” in deciding the case.

Under the dominate factor test, Texas Hold ‘Em is not gaming or gambling, the judge wrote, which would make it illegal under state law.

He also said the law covering the play “is ambiguous and must be construed in favor of appellants.”

The South Carolina law the judge is referring to was written in 1802.

Both sides expect the state to appeal the appeal to the SC Supreme Court.

2 Comments to “South Carolina Appeals Court Reverses Poker Convictions ”

  1. Johnny Hughes

    Judges gamble, hello! Once the laws here in West Texas were raiding this big ‘ol bookie, Tooter. A Judge called on the phone and the law answered. The law told him there was a raid going on. He said, “Tell Tooter this is Judge… I want $500 on the Dallas Cowboys.”

  2. arizona homeowners insurance

    These guys were playing in their own home, Give me a break.