Oct. 20, 2009 (United Press International) -- The Georgia Supreme Court rejected a last-minute request for a stay from a man scheduled to be put to death Tuesday for killing a pizzeria manager.
The U.S. Supreme Court was still considering an application from Mark McClain's lawyer to postpone the execution, The Atlanta Journal-Constitution reported. Brian Kammer argued the court should grant a stay until it decides an appeal in a similar case from an Alabama inmate.
McClain was scheduled to die by lethal injection at 7 p.m. in the Georgia Diagnostic and Classification Prison in Jackson, the Augusta Chronicle reported.
McClain, 42, was sentenced to death in 1995 for the killing of Kevin Brown, 28, during a robbery at a Domino's Pizza (NYSE:DPZ) in the Augusta area. He stole $130 from the pizza store.
Kammer argues jurors might have decided to sentence McClain to life in prison if they had heard evidence about McClain's early life and that he was drunk when he committed the crime, a robbery to get money for his girlfriend.
