A fast-acting S.C. Supreme Court has agreed to consider whether
to overturn a hotly contested video gaming case out of Allendale
County and whether to tighten the reins on all judges hearing such
cases.
The justices also set a tight deadline, 1 p.m. Friday, for Castle
King, the video company that markets the game, to present its
arguments in writing.
The court has not said whether it will hold a hearing or when it
might rule.
The legal fight pits the State Law Enforcement Division against
Castle King, a Goose Creek-based company that markets a video game
called Chess Challenge II.
On Oct. 29, a state circuit court judge in Allendale County,
Perry Buckner, ruled the machine was legal and banned police from
seizing any Chess Challenge II in the state.
After a tug of war over legal strategy between SLED Chief Robert
Stewart and state Attorney General Henry McMaster, Stewart hired a
private lawyer and appealed Buckner’s ruling to the state’s top
court.
McMaster joined that effort after first cutting SLED from the
appeal, court records show.
SLED contends Chess Challenge II is an illegal game, rigged by
computers to ensure a player’s skill does not determine a win.
Without hearing from SLED or the attorney general’s office,
Buckner ruled that a skilled player can win the game. Under the law,
that makes Chess Challenge II a legal device.
On Friday, SLED asked the Supreme Court to overturn Buckner’s ban
on the games’ seizure.
But the agency went further. It asked the justices to issue a
“writ of prohibition,” a rarely used legal maneuver that seeks to
have the Supreme Court order all judges to rule only on the machines
brought to them in a forfeiture hearing.
Reach LeBlanc at (803) 771-8664 or cleblanc@thestate.com.