The Board of Pardons and Paroles on Monday will consider clemency for Nicholas Cody Tate, who was sentenced to death for killing a Paulding County woman and her daughter in 2001.

Tate, set to be executed by lethal injection Tuesday at 7 p.m., has yet to file his habeas corpus appeals. On Thursday, a Butts County judge signed a consent order that dismissed an appeal filed on Tate's behalf by his brother, because medical experts who recently interviewed Tate did not find he was incompetent and could therefore decide on his own to forgo his final appeals.

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