Is poker a game of chance or test of skill?

Poker is legal in at least 30 states, but in North Carolina, it's illegal to play a game of chance when betting is involved. Last year, a Durham judge ruled that poker falls in that category.

However, Howard Fierman a Durham businessman disagrees and now the question if poker is a game of chance or test of skill is in front of the state Court of Appeals as Howard continues his quest to open a poker parlor.

"If I'm going to play a game with a bunch of experts, I'm going to lose. It's not because they are luckier than I am, it's because they are better than I am," said Fierman's attorney, whit Powell.

Professional players tend to agree with Powell and disagree with the initial ruling. "While there is one element of chance with what cards are dealt, the way a player handles those cards, handles the bet, the amount of the bet and how they assess the other players and the table is entirely skill," said George Smart, an area poker player and editor of the Triangle Poker Journal.