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STATE OF SOUTH CAROLINA (MT. PLEASANT MUNICIPAL COURT ) Case No, : 9801SDB s ) Case: 9803505 a ) Case No. : 98040DB 3S ) Sore. E a ) FINDING OF FACTS AND ORDER a pre ere peer grt Pere pares ‘This mater came tobe tried on February 13, 2009 in the Town of Mt Pleasant Iris admitted and i not contested that these defendants on April 12,2006 were playing cards — namely Texas Hol em in the home of Nathaniel Stallings inthe Town of Mt. Please. Its also uncontoverted that chips, money and cards were infront of each defendant ~ all of whom were seated et one of the ‘wo tables used for soch purpose in the home. ‘The State offered testimony that she participants inthis card game were advised ofits location and availablity over the Inmet from a portion of a website called “Charleston Poker” QSAISDE8 “The Defendants do not challenge any of those facts, Instead they challenge whether or not Texas lol-em isa game of skill ad therefore beyond or outside the rope of the Statute 16-19-40 ‘They offered uncootroveted testimony ftem Michael Sexton, a professional poker player from ‘Las Vegas, Nevade, who ls been a fulltime poker player since 1977 tht Texas Hold-em is a ‘gems of shill isn game where the average player can become a better and beter payer. The player ean doo from books, ances, experience andor toring. It ie a sil tat can and is veloped, In is testimony be et forth many ofthe skills required ~ most important skill is betting» whether to fold aise or call, He talked sbout math knowledge the art of bluffing, the bility to change gears in your manner of ply, patience and discipline, self control and continuing to study and to lear, He was an exper pido testify bythe National Poker Players Alliance, ‘Theo Professor Robert Hannan, PRD. testified. He has tanght Statistics and Probebility for tiny (20) years, He bas writen books snd pepers on gaming including poker. In his uncontroverted opinion Texss Holdem is a game of sill Skil isthe predominant fictor in winning or losing in the game of poker. He ha ¢etdy of thi hat has been uted in« Law Review. In cross cexaonnation he differentited between the games of skill and games of chance — listing roulette, slots, blackjack as all having house advantages and therefore no: predominated by sl 1 103 million poker hands studied in Texas Holé-em Seveny-six percent are resolved before it gets toa chow down, ‘Twelve percent ofthe remaining hands wil not get to showdown, but willbe won bythe lesser hand, and ‘Twelve pereent ofthe time the best hand will win. This shows from that study that £8% ofthe outcome of hands are determined by ski re further testified that the consensus ofthe scientific community does agree that sil isthe predominant factor in Texas Holdem. He, too, was paid as an expert by the National Poker Players Alliance, He stated that into eater, namely Wisconsin and Connecticut, hes testified on behalf ofthe Stat, in two other states, Colorado and here in South Carolina, be bas testified for the Defense, ‘The Defense further cited the fect that nthe dissenting opinion n Johason v Collins Entenainment Co, Tne. 3935C96, $08 S.B. 24 $75(1998)~ Justice Bure and Chief Justice Tos! Indicated thatthe “dominant factor” is the eppropriate test in Scuth Carolina ~to determine whether a particular setivty is game of ckill or not. The oer justices in the majority in that ‘case gave no indication of their opinion in that regard ‘There are no clear guidelines given to this Cour to follow. Eaca challenge to pertcular gaming problem has beea decided without the Supreme Courtor the Leyslature explicitly and precacly