Lichtenwalter v. State

I

The majority interprets the record in such a manner that its opinion will hang on one of the hooks of a rule that does not bear one for fundamental unfairness.

*695First, the majority’s interpretation of Nesbett’s testimony which “establish[ed] appellant’s membership in the Bandido Motorcycle Club.” Nesbett testified as follows:

“Q And when you arrived in this approximate location behind the cigarette machine — incidentally, is this a little foyer here outside the restroom?

“A Yes, sir, there is.

“Q Anybody standing outside the restroom door?

“A A man was standing there yes, sir.

“Q Did you know him…