Luckbox | Otis | G-Rob

About the Up For Poker Blog

Up For Poker Blog Categories:

2006 WSOP
2007 World Series of Poker
2008 Belmont Stakes
2008 Kentucky Derby
2008 World Series of Poker
2009 WPBT Winter Classic
2010 WPBT Winter Classic
American Idol 2009
B&M Poker
Bad Beats
Betting the Ponies
Disc Golf
Fantasy Sports
G-Rob's Thoughts
Game Review
Home Games
Horse Racing
Internet Gambling Bill
Las Vegas
Lefty's Thoughts
Luckbox Last Longer Challenge
Luckbox's Thoughts
March Madness
Movie Previews
Movie review
NCAA Basketball
NETeller News
NFL Football
Online Poker
Online Sports Betting
Other Gambling
Otis' Thoughts
Pick 6
Playing For Fun
Playing For Money
Poker Blogger Tournaments
Poker Blogs
Poker in the News
Poker Law and Legal News
Poker Movies
Poker on TV
Poker Players
Poker Psychology
Poker Theory
Poker Web Sites
Pot Limit Omaha Strategy
Reading Material
Sports Betting
The Nuts
The Playboy Mansion
Tournament Action
Tuff Fish Appreciation Society
Tunica Tales
Underground Games
Up for Poker News
WPBT Holiday Classic Trip

Previous Hands:

December 2010
November 2010
September 2010
January 2010
December 2009
November 2009
April 2009
March 2009
February 2009
December 2008
November 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004
September 2004
August 2004
July 2004
June 2004
May 2004
April 2004
March 2004
February 2004
January 2004
December 2003
November 2003
October 2003
September 2003

Powered by:
Movable Type 6.8.8
Poker Blog established in 2003 as the first stop for poker news, poker stories, and bad poker advice.

April 29, 2008

Shooting the legal angle: Ask for a jury, never see a courtroom

by Otis

PokerNews' Haley Hintze reports today that a number of people busted in the Palmetto State's latest poker raid will be opting for a trial by jury.

A few weeks back, the jack-booted thugs local constabulary cited 38 people for violation of our state's antiquated gambling law (yes, the one that makes it illegal to play even some board games on Sunday). Usually, the notion of taking a misdemeanor ticket in front of a jury is pretty silly. In South Carolina, however, it's pretty damned smart. Those people who didn't pay their tickets? Well, they may never see the inside of a courtroom.

It's been nearly three years since a raid on a neighborhood clubhouse in Greer, South Carolina resulted in the arrests of several friends of the Up For Poker blog. It was a small tournament in the middle of the afternoon and nothing much compared to what the poker scene eventually became here.

It's been nearly two years since we mentioned the case in a post on this blog and noted the fact one of our local attorneys was challenging the validity of our South Carolina gambling laws.

You know how far that case has progressed since then?

You guessed it. Nothing has happened.

The judge has refused to move the case along for trial and prosecutor has little to no interest in reminding everybody about the case. The law is broken, lawmakers (out of fear of being perceived as pro-gambling) won't fix it, and thus prosecutions become well-nigh impossible. Getting busted for gambling in South Carolina isn't all that bad. All you have to do is not pay the ticket and say, "Not guilty" and there is a reasonable chance you'll never have to worry about it again.

Of course, prosecutors in the Low Country are different than prosecutors in the Upstate and we may see the folks down there actually have to face a jury. After that, it's back to what we've discussed before--actually challenging the gambling law in the Supreme Court.

That's actually what lawmakers need and want. This year, the boys and girls at the Statehouse killed two gambling-related bills. Few people want their signatures to be seen on legislation that, in an upcoming election year, could be the fodder for a "State Senator X loves to gamble on South Carolina's family values" advert. Thus, despite the good intentions of a few lawmakers here, there is slim chance we'll ever see a decent reform of the gambling law. That means, in short, the South Carolina gambling law is a law in name only. As it is broken and antiquated, it can't be used in what normally would be a viable prosecution.

That could all change if the state Supreme Court was forced to look at the law. Suddenly, lawmakers would have a legal mandate to take an honest look at the law.

This is a weird place, South Carolina. There are many things about it that are forward-thinking and progressive. Underneath it all, though, there is still a foundation of unwavering conservative thought. In many cases, it's wrought with hypocrisy. It's hard for me to accept as a poker player that I'm allowed to run as bad at I do at Powerball but actually forbidden from running well at poker.

But, that's the Palmetto State for ya. Smiling faces, beautiful places, and not a legal poker room as far as the eye can see.

Thank goodness the gambling law is so messed up. Otherwise, we'd all be in jail.

| Poker Law and Legal News , | Poker in the News , | Underground Games