South Carolina Judge Rules Poker Game of Skill

In a small win for poker advocates, a South Carolina judge went against a lower court and reversed the convictions of five men who had been arrested for playing Texas Holdem back in April of 2006.



The men were part of a group of two dozen or so arrested in conjunction with a raid on a private home game. The majority of those arrested chose to plead guilty to the misdemeanor ticket charge of gambling, but a handful chose to seize the opportunity to challenge South Carolina’s anti-gaming laws.

In his decision, Circuit Judge R. Markley Dennis Jr. relied on the skill aspect of holdem to distinguish it from games of chance, which are illegal under South Carolina law.

“When faced with the issue, it is my opinion that the S.C. Supreme Court will likely adopt the ‘dominate factor test,'” Dennis wrote. “Under the dominate factor test, Texas Hold ’em is not gaming or gambling,” he said.

Markley’s decision has yet to be formally published.

While Dennis’ decision is certainly better than the alternative, he’s unlikely to have the last word in the matter as it’s widely expected that an appeal will be filed. Ira Grossman, prosecutor for the town of Mount Pleasant where the men were arrested, told The Sun News that: “Everyone involved in this case assumed that it would reach the highest courts in the state.”

The outcome of this case will not have immediate repercussions on US Federal law regarding gambling. That said, the more states that define poker as a skill game the better, as recent federal decisions seem to suggest that the states will end up holding the ultimate word on legalized, regulated poker, especially online.