The game of Texas Hold’em has long been scrutinized in the United States. The argument on whether the game is one of skill has taken place for years and can be the determining factor as to if an individual state will allow the game to take place within the state borders. Just recently a judge in the state of Idaho threw out gambling charges against two men based on the game being one of skill and the vague state code. However, the case will now be appealed as the Boise City Attorney Elizabeth Koeckeritz has asked for the judge to consider his ruling.
Magistrate Judge James Cawthon decided on May 15th to drop the charges agains Jared Leuzinger and Michael Kasper because the defense has ‘uncontroverted evidence’ to show the game was a contest of skill. He also felt the state code was too vague to make a ruling otherwise. The judge has now denied the motion to reconsider the ruling. Cawthon stated in his denial of the motion:
“Considering the totality of the evidence and argument in these cases, the court can arrie at no other conclusion than that contained in its original opinion.” Following this statement, Koeckeritz says she plans on appealing.
This case goes back to July of last year when police of Boise raided two poker houses which were operating out of businesses. Both men and 12 others were charged with gambling and most players chose to plead guilty and pay a fine of $400. However, Leuzinger and Kasper decided to take on the charges, stating the game of Texas Hold’em is one of skill and not chance. The law in Idaho is not clear when defining a game of skill.
This seemed to be the right route in which to take since the judge ruled that the players case to be dismissed.