Gregor v. Franklin

HARTZ, Circuit Judge,

concurring:

I concur in the result. I join the district court in believing that the magistrate *712judge got it right. In my view, the statement by the codefendant was testimonial evidence offered for the truth of the matter asserted. But, after reviewing the trial evidence, I believe that it would not be unreasonable (in fact, I think it would be quite reasonable) to decide that admission of the evidence was harmless error.