JACKSON, Georgia - Georgia prison officials say they are

postponing Tuesday evening's scheduled execution of a death row

inmate for the 2001 murders of a woman and her 3-year-old daughter.

Georgia Attorney General spokeswoman Lauren Kane said the

execution of Nicholas Cody Tate was postponed because he was

planning to file an appeal.

Authorities say Tate and two of his brothers broke into Chrissie

Williams' home in Paulding County and killed the woman and her

daughter. The two other men are serving life sentences, but Tate

was sentenced to die after prosecutors said he was the ringleader.

He exhausted his automatic appeals but initially refused to

challenge the death sentence through habeas corpus appeals, which

can last years. He waived his right to appeal at a 2009 hearing,

saying "you caught me red-handed."