The North Carolina Supreme Court says it will not hear the appeal of Cesar Laurean, the former Marine convicted of killing pregnant colleague Maria Lauterbach.
Laurean appealed saying his constitutional rights were violated because the jury was not allowed to consider second degree murder as a possibility.
Laurean was convicted two years ago this month in the 2007 murder where Lauterbach's burned body was found buried in his backyard.
Laurean is serving a life sentence. He could appeal to the federal level, but were told it is unlikely that would be heard.