State to appeal poker ruling

A notice of intent to appeal has been filed in the case of five Mount Pleasant poker players whose gambling charges were tossed out by a circuit judge.

The state attorney general's office filed the two-page notice earlier this month.

Mark Plowden, spokesman for Attorney General Henry McMaster, said it is routine for the office to handle appeals when the constitutionality of laws passed by the General Assembly is questioned. The office also had sided with Mount Pleasant in the case, he said.

The most likely path is for the appeal to go directly to the state Supreme Court, though any scheduling would be determined by the court.

Last month, Circuit Judge Markley Dennis threw out the convictions of the players, saying that Texas Hold 'em is a game of skill, and that playing in a private residence does not violate the state's anti-gambling laws.

The case dates to April 2006, when Mount Pleasant police raided a home. About two dozen people were cited after authorities discovered two Texas Hold 'em tables in operation. Town officials said the game was a for-profit venture and also a community nuisance.

About 20 players opted not to fight the charges and pleaded guilty. The others fought the charges but were eventually convicted of gambling charges in front of Municipal Court Judge Larry Duffy. Dennis later overturned the convictions.

Reach Schuyler Kropf at 937-5551 or skropf@postandcourier.com.