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Colorado poker group battles ruling
The legal battle of poker in Colorado is heading straight to the state’s highest court, The Colorado Supreme Court.
A member of the Poker Players Alliance, a poker advocacy group, will be petitioning the high court to review a district courts ruling from earlier this month. That ruling stated that poker is still considered gambling under Colorado law.
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"The PPA is committed to helping demonstrate to the Colorado Supreme Court the broad academic research that exists showing that poker is indeed a game of skill," PPA executive director John Pappas said in a statement.
This case came about after a 2008 look by the Colorado Bureau of Investigation into a Texas Hold’em tournament in a Greeley Bar. There were five people arrested and charged with illegal gambling during that event. One of the organizers, Kevin Raley, was acquitted in January by a county court. Charges against the other defendants were then dropped.
During the proceedings Raley argued that poker is a game of skill more than a game of chance. Illegal gambling occurs when a game involves risk and reward and its outcome is determined predominantly by chance. There are exceptions, such as if the game is not operated for profit.
The trial judge allowed Raley to call Professor Bob Hannum, an expert witness from the University of Denver to testify that poker is a game of skill.
Raley also presented evidence that participants in the tournament had a social relationship, which would make the game legal. The jury didn't state a reason for the not-guilty verdict, so it's unclear which argument swayed jurors.
Raley can't be retried, and charges against his partners won't be refiled.
Nonetheless, to clarify Colorado's gambling laws in regard to poker for future prosecutions, the state appealed to the district court the ruling that allowed Hannum to testify.
On Aug. 4, Weld County District Court Judge James Hartmann ruled that the county court judge erred in allowing Hannum to testify because poker is already considered gambling under Colorado law.
"The activity at issue in this case involved gambling and the only exception that properly should have been presented to the jury for consideration was whether the activity fell within the social gambling exception," Hartmann wrote in the opinion.
Raley, of Windsor, will file the petition for a review with the Colorado Supreme Court. The PPA, which paid for Hannum to testify, will continue to finance the legal battle.
News Added: 13 August, 2009
Number of views : 851
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