NC court says poker game of luck, not skill

Original Article: pokerforum.com

Appeals court upholds ruling that poker is game of chance

By MIKE BAKER
Associated Press Writer
RALEIGH, N.C. | Poker is mostly a game of chance - not skill - making it illegal to bet items of value when playing the card game in North Carolina, the state Court of Appeals said Tuesday.

In an unanimous ruling, the three-judge panel agreed that a skilled player can tip the odds in his favor but said the player "is always subject to defeat at the turn of a card."

State law makes it a misdemeanor for any person or organization to operate a game of chance where players wager money, property or other items of value. But in 2004, Howard Fierman sought to open a poker club in Durham County and later sued when Durham County District Attorney Jim Hardin said it would be illegal.

Attorneys for Fierman argued that poker was a game of skill instead of chance. In addition, the attorneys compared poker to golf, saying that a weekend golfer might beat a professional on one hole through luck but that skill would eventually be the determining factor.

"Anyone who doesn't think that poker is a game of skill hasn't played poker with skilled players," said Marcus Hill, a Durham attorney who filed the original lawsuit but wasn't involved in the appeal. "It's sad that North Carolina hasn't moved into the 21st century."

Four expert witnesses, including Roy Cooke, a professional poker player from Las Vegas, testified that a skilled poker player can use strategy to improve his odds over the course of a game.

But Richard Thornell, an officer for the North Carolina Alcohol Law Enforcement Division, argued that while skill may play a role, luck will ultimately prevail.

The appeals court agreed that poker is "both a game of skill and chance," but said that the role of luck was too powerful to ignore.

"Although skills such as knowledge of human psychology, bluffing, and the ability to calculate and analyze odds make it more likely for skilled players to defeat novices, novices may yet prevail with a simple run of luck," wrote judge Ann Marie Calabria. "No amount of skill can change a deuce into an ace."