Oct. 20, 2009 (United Press International) -- The Georgia and U.S. Supreme Courts Tuesday considered motions to delay the execution of a man convicted of killing a pizzeria manager.

Mark McClain was scheduled to be put to death by lethal injection at 7 p.m. Tuesday in the Georgia Diagnostic and Classification Prison in Jackson, the Augusta Chronicle reported.

His lawyer asked the state Supreme Court for a stay Monday and had already made a similar request of the nation's highest court. In his appeal to the U.S. Supreme Court, Brian Kammer argued that McClain's execution should be postponed until the court decides a similar appeal from Alabama, that McClain might not be facing execution if the jury had been given evidence about his childhood and that he was drunk when he killed Kevin Brown, 28, manager of a Domino's Pizza (NYSE:DPZ) near August, The Atlanta Journal-Constitution said.

McClain, 42, was sentenced to death in 1995 for the killing. He stole $130 from the pizza store.