State v. Phillips, 365 N.C. 103 (Jun. 16, 2011)

The court rejected the capital defendant’s claim that the prosecution knowingly elicited or failed to correct false testimony. In victim Cooke’s pretrial statements, she related that the defendant said that he had nothing to live for. When asked at trial whether the defendant made that statement, Cooke responded: “Not in those terms, no.” The court concluded that it was not apparent that Cooke testified falsely or that her trial testimony materially conflicted with her pretrial statements. Moreover, it found that any inconsistency was addressed during cross-examination. Finally, the court concluded, even if Cooke perjured herself, there is no indication that the State knew her testimony was false.