State v. Flowers

In State v. Flowers, 347 N.C. 1, 15, 489 S.E.2d 391, 399 (1997), the defendant, a prison inmate, along with three other men, was charged with stabbing another inmate. Defendant admitted to killing the victim and at the trial of the three co-defendants, defendant testified he acted alone in the killing. Id. at 15-16, 489 S.E.2d at 399. At the co-defendants' trial, the prosecution argued the defendant was only a lookout and did not participate in the stabbing. Id. at 18, 489 S.E.2d at 401. However, at defendant's trial, the prosecution argued defendant was both the lookout and a participant in the stabbing of the victim. Id. Defendant appealed his capital conviction and argued the prosecution's inconsistent positions violated his due process rights. Id. at 18-19, 489 S.E.2d at 401. Our Supreme Court determined the prosecution relied upon essentially the same evidence in both trials and the inferences by the prosecution were reasonable based on the evidence. Id. at 19-20, 489 S.E.2d at 401- 02.