A Casper man convicted of murdering his wife in 2013, will not have his case overturned.

The Wyoming Supreme Court has denied an appeal for Thomas Miller, who was convicted by a jury of second degree murder.

In his appeal, Miller claimed that during his trial, the precedent that prosecutors used to determine second degree murder, was insufficient to conclude that he acted with malice, when his wife was killed in March 2013.

Miller made reference to a 2014 Wyoming Supreme Court decision that changed the definition of malice, to one that requires the state to show a defendant had an extreme indifference to the value of human life.

That case was in reference to Richard Wilkerson, who was convicted in April 2013, of second degree murder in Buffalo, Wyoming, but then later had his case overturned.

In its decision to deny Miller's appeal, the Supreme Court ruled that the Wilkerson decision was made after Miller filed his appeal, thus the jury instructions at the time of Miller's trial, were in accordance with the law.

The Supreme Court also said that Miller did not prove in his appeal, that he could have gotten a more favorable ruling from the jury at his trial, had the jury been instructed on the new definition of second degree murder.

Miller is currently serving 60 years to life in prison.