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Charleston area poker players convictions reversed

September 25 2009


A USA circuit judge overseeing the appeal of five Charleston area poker players found guilty earlier this year has decided to reverse the players’ convictions.

In a letter that supports the argument that Texas HoldEm 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 HoldEm 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 players.”

The decision is not judge's final order on the case and he asked that the attorneys for the 5 poker players to prepare a proposed order for his consideration and review.

Poker advocates have argued that “HoldEm” differs from other poker games because of the bluffing, wagering and card know-how involved. They were not quick to declare outright victory because appeals are likely to be pursued.

The 5 poker players were among about two dozen people charged in a Charleston area police gambling raid on a private home in 2006.

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