Barring intervention from the U.S. Supreme Court or Governor Tim Kaine, a Broadnax man is scheduled to be executed Tuesday for killing a Brunswick County convenience store owner.

Thirty-one-year-old Kevin Green would be the first person executed in Virginia since 2006.

His attorneys have asked the Supreme Court to halt the execution while they consider reviewing the case. They claim the 4th U.S. Circuit Court of Appeals erred when it ruled in February that he had passed the statute of limitations for claiming ineffective counsel.

Attorneys for Green also have asked the governor to grant clemency, claiming Green is mentally retarded.

If neither stop the execution, Green will be put to death by lethal injection at 9 p.m. at Greensville Correctional Center in Jarratt.