updated 5/28/2008 1:48:07 AM ET 2008-05-28T05:48:07

A man whose lawyers claimed he was mentally disabled was executed late Tuesday for killing a convenience store owner in Virginia.

Kevin Green was pronounced dead Tuesday at 10:05 p.m. EDT in the first execution in Virginia in nearly two years. The 31-year-old's execution by injection was also the third in the United States since the Supreme Court upheld the constitutionality of lethal injection in April.

Green was convicted of the 1998 killing of Patricia Vaughan.

The U.S. Supreme Court, a federal judge and the state's governor each refused Tuesday to halt the execution.

The request for clemency from the governor was based on Green's attorneys' claim that the killer was mentally disabled.

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