Daniels v. MobleyAnnotate this Case
The Commonwealth's attorney for the City of Portsmouth informed Plaintiff, who hosted Texas Hold 'Em poker games and tournaments, that, to avoid prosecution, Plaintiff must cease and desist "all forms of illegal gambling." Plaintiff filed a declaratory judgment action to determine whether the game of Texas Hold 'Em constitutes illegal gambling under Va. Code Ann. 18.2-325 and whether Va. Code Ann. 18.2-328 was facially unconstitutional and should be found void for vagueness. The circuit court ruled against Plaintiff. The Supreme Court (1) vacated the judgment to the extent the circuit court ruled that Plaintiff failed to establish that Texas Hold 'Em was not illegal gambling under section 18.2-325, as the claim did not present a justiciable controversy, and the circuit court did not have the authority to exercise jurisdiction concerning such a claim; and (2) affirmed the court's judgment to the extent the court ruled that section 18.2-328 was not unconstitutional.