William Earl Lynd’s lawyers have asked for a stay of execution from the state supreme court, which could rule at any time. If the state court rejects his bid, Lynd’s attorney plans to appeal immediately to the U.S. Supreme Court.

If that fails, and Lynd is put to death as planned at 7 p.m. Tuesday, he will be the first inmate executed since the U.S. Supreme Court upheld the constitutionality of a three-drug lethal injection procedure last month.