Cite as: 527 U. S. 116 (1999)
Syllabus
special suspicion given a codefendant's strong motivation to implicate the defendant and exonerate himself. Lee v. Illinois, 476 U. S. 530, 541. A blanket ban on the government's use of accomplice statements that incriminate a defendant sweeps beyond this case's facts and this Court's precedents. Pp. 144-148.
2. The Virginia Supreme Court did not analyze the confession under the second prong of the Ohio v. Roberts, 448 U. S. 56, inquiry, so the case should be remanded for the Commonwealth to demonstrate that the confession bears "particularized guarantees of trustworthiness" and, if any error is found, to determine whether that error is harmless. Pp. 148-149.
Stevens, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I and VI, in which Scalia, Souter, Thomas, Ginsburg, and Breyer, JJ., joined, the opinion of the Court with respect to Part II, in which Scalia, Souter, Ginsburg, and Breyer, JJ., joined, and an opinion with respect to Parts III, IV, and V, in which Souter, Ginsburg, and Breyer, JJ., joined. Breyer, J., filed a concurring opinion, post, p. 140. Scalia, J., post, p. 143, and Thomas, J., post, p. 143, filed opinions concurring in part and concurring in the judgment. Rehnquist, C. J., filed an opinion concurring in the judgment, in which O'Connor and Kennedy, JJ., joined, post, p. 144.
Ira S. Sacks argued the cause for petitioner. With him on the briefs was Christopher A. Tuck.
Katherine P. Baldwin, Assistant Attorney General of Virginia, argued the cause for respondent. With her on the brief was Mark L. Earley, Attorney General.*
*Briefs of amici curiae urging reversal were filed for the American Civil Liberties Union et al. by Margaret A. Berger, Richard D. Friedman, and Steven R. Shapiro; and for the National Association of Criminal Defense Lawyers et al. by William S. Geimer, Lisa Kemler, and Marvin Miller.
Briefs of amici curiae urging affirmance were filed for the State of Nebraska et al. by Don Stenberg, Attorney General of Nebraska, J. Kirk Brown, Assistant Attorney General, and Michael C. Stern, Acting Attorney General of Guam, and by the Attorneys General for their respective States as follows: Janet Napolitano of Arizona, Carla J. Stovall of Kansas, Richard P. Ieyoub of Louisiana, J. Joseph Curran, Jr., of Maryland, Michael C. Moore of Mississippi, Joseph P. Mazurek of Montana, Frankie Sue Del Papa of Nevada, Michael F. Easley of North Carolina,
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