LITTLE ROCK, Ark. - Arkansas Attorney General Leslie Rutledge says she won't appeal an execution stay set for an inmate whose attorneys say he's mentally ill. But she says she has asked the U.S. Supreme Court to vacate a stay issued for another inmate, Don Davis, who was scheduled to die Monday night.

An Arkansas Supreme Court stay remains in place for Davis, who was sentenced to die for the death of a woman shot at her home in northwest Arkansas during what appeared to be a robbery.

Rutledge says she won't appeal the stays issued to Bruce Ward, who has a separate legal challenge over his mental health.

Davis' death warrant expires at midnight.

Davis came within hours of execution in 2010 before a stay was granted.