RICHMOND, Va. — Barring intervention from the U.S. Supreme Court or the governor, Virginia will go ahead with its first execution in nearly two years.

Kevin Green is to die Tuesday night for killing convenience store owner Patricia Vaughan in 1998. The 31-year-old would be the third U.S. inmate executed since the Supreme Court upheld the constitutionality of lethal injection in April.

Green's attorneys have asked the court to halt his execution while it considers whether to review the case. They say an appeals court erred when it ruled Green had passed the statute of limitations for claiming ineffective counsel. Green's attorneys also have asked the governor to grant clemency, claiming Green is mentally disabled.