James Holmes' attorneys appeal sanity exam order

DENVER - Attorneys for Colorado theater shooting defendant James Holmes are appealing a judge's order requiring a second sanity evaluation to the state's Supreme Court.

Court filings released Wednesday show defense lawyers plan to file an appeal of the judge's ruling within 30 days. Arapahoe County District Judge Carlos A. Samour Jr. says he will put the second examination on hold pending the appeal, and he will cancel court hearings next month.

Holmes underwent a mandatory sanity evaluation last year. The key findings have not been released, but prosecutors asked for a new evaluation, saying the doctor who conducted the first one was biased. Samour ultimately ruled the exam inadequate and ordered a second.

Holmes' lawyers objected, saying the order was improper and violated Holmes' rights. Many of the specifics of their objections have not been made public.

The decision on whether Holmes was legally insane - unable to tell right from wrong - will be up to jurors. The opinions of the doctors who conduct the psychiatric evaluations will be key to that decision.