A clemency hearing is under way for a convicted Georgia killer whose execution would be the first since the U.S. Supreme Court found lethal injection constitutional.

The Georgia Board of Pardons and Paroles convened Monday to hear the case of William Earl Lynd, who is scheduled to die Tuesday for fatally shooting his live-in girlfriend, Ginger Moore, two days before Christmas in 1988.

Lynd's attorney, Tom Dunn, is seeking a 90-day stay of execution as well as a commutation of his sentence.

The U.S. Supreme Court in April upheld Kentucky's lethal injection protocol, clearing the way for executions to resume in the roughly three dozen states that use that method.

Copyright 2008 Associated Press