JACKSON, Miss. (WTVA) -- A Lowndes County man will remain in prison after the state's highest court denied his appeal in a home invasion case.
Tomarcus Fulks, 26, is serving 35 years in prison after being convicted of armed robbery by a Lowndes County jury in May of 2011.
Fulks was accused of being involved with other people in breaking into a home in the county in 2005 and robbing two people inside at gunpoint.
A man who lived at the home was hit with a baseball bat and suffered a broken arm during the robbery.
Fulks was tried in 2007 and convicted, but the conviction was overturned in 2009 because a statement was allowed into evidence even though it was not made available to the defense until the day before trial.
In his latest appeal, Fulks claimed the trial judge was wrong not to recuse himself, the judge allowed testimony from the previous trial into evidence, and the court was wrong to allow prosecutors to tell the jury a co-indictee had pleaded guilty in the case.
On Thursday, the Mississippi Supreme Court upheld his conviction.