Category: State Criminal Law
Va. Court Declines to Decide Status of Poker Under State’s Gambling Law
On February 28, 2013, the Virginia Supreme Court issued an opinion in which it declined to address the legality of playing poker in the state but left open the possibility for the issue to be decided in a future case. The full opinion in the case, Daniels v. Mobley, is available here. Charles Daniels, a… Read More
N.J. Appears Set to Become 3rd U.S. State to Legalize Online Gaming
New Jersey is poised to become the third state in the country to legalize online gaming. Today, Gov. Chris Christie (R) sent the state iGaming bill back to the legislature requesting some minor changes and indicated that he is prepared to move forward with the bill once those changes are made. Gov. Christie’s statement said,… Read More
Court Finds State Ban on Sex Offenders’ Use of Social Media Tramples Speech Rights
In a January 23, 2013, ruling, the U.S. Court of Appeals for the 7th Circuit held that an Indiana law that prohibited most registered sex offenders from using social media websites was unconstitutional because it was “not narrowly tailored to protect the state’s interest.” The decision was restricted to the Indiana statute on sex offenders… Read More
New Nevada Bill Would Allow for Interstate Gaming Compacts
A bill has been introduced in the Nevada General Assembly, on behalf of the state’s State Gaming Control Board, that would allow for the state governor to enter into interstate gaming compacts with other states. This legislation sets up Nevada to potentially be at the forefront of a compact in which individual states that have… Read More
N.J. Again Passes Online-Poker Bill; Decision Now in Governor’s Hands
New Jersey could soon become the third state to legalize online gaming within its borders. Its State Senate on December 20, 2012, voted 33-3 to legalize online poker in the state. The General Assembly had previously approved the bill by a vote of 48-25-3. The bill was able to achieve significant bipartisan support in both… Read More
After Legislature Acts, Delaware Ready to Become 2nd State to Legalize Online Gaming
Delaware is now poised to become the second state to legalize online gaming. On Wednesday, that state’s Senate passed a bill that would legalize web table games, including poker, video lottery games, and traditional lottery games to be offered online. Democratic Governor Jack Markell supports the bill and is expected to sign it into law… Read More
High Court Rules Defendants Entitled to Competent Lawyer in Rejecting Plea Bargains
In two companion cases decided on March 21, 2012, the U.S. Supreme Court held, in 5-4 rulings, that the right to effective counsel in criminal cases includes the right to an attorney who competently permits a defendant to evaluate a plea-bargain offer from the prosecution. In Missouri v. Frye and Lafler v. Cooper, the Court… Read More
D.C. Appeals Court Rejects Challenge to Admission of Handwriting Evidence
If there was ever an open question as to whether forensic handwriting identification is admissible under D.C.’s common law of evidence, the D.C. Court of Appeals has finally put that question to rest. On February 9, 2012, the Court of Appeals held that handwriting comparison and identification, as practiced by FBI examiners, passes the Frye… Read More
Repeal May Not Be End of Story for Online Gaming in D.C.
On February 7, 2012, the D.C. Council voted 10-2 to repeal the city’s iGaming program, which would have made the District of Columbia the first U.S. jurisdiction to permit the playing of online poker for money. In April 2011, the District had become the first U.S. jurisdiction to enact a law that permitted online poker… Read More
New York Mah Jong Ruling May Help Cause of Online Poker
Mah Jong, the ancient Chinese tile-based table game, can now count itself as a winner in the old debate of games of skill vs. games of chance, according to a New York state judge, who recently ruled that the game demands more than luck. On January 4, 2012, Criminal Court Judge John H. Wilson declared… Read More
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