Cite as: 527 U. S. 116 (1999)
Rehnquist, C. J., concurring in judgment
We have said that "deferential review of mixed questions of law and fact is warranted when it appears that the district court is 'better positioned' than the appellate court to decide the issue in question or that probing appellate scrutiny will not contribute to the clarity of legal doctrine." Salve Regina College v. Russell, 499 U. S. 225, 233 (1991) (citation omitted).
These factors counsel in favor of deference to trial judges who undertake the second prong of the Roberts inquiry. They are better able to evaluate whether a particular statement given in a particular setting is sufficiently reliable that cross-examination would add little to its trustworthiness. Admittedly, this inquiry does not require credibility determinations, but we have already held that deference to district courts does not depend on the need for credibility determinations. See Anderson v. Bessemer City, 470 U. S. 564, 574 (1985).
Accordingly, I believe that in the setting here, as in Anderson, "[d]uplication of the trial judge's efforts in the court of appeals would very likely contribute only negligibly to the accuracy of fact determination at a huge cost in diversion of judicial resources." See id., at 574-575. It is difficult to apply any standard in this case because none of the courts below conducted the second part of the Roberts inquiry. I would therefore remand this case to the Supreme Court of Virginia to carry out the inquiry, and, if any error is found, to determine whether that error is harmless.
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