Crime

James Holmes' attorneys appeal sanity exam order

/ CBS/AP

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.

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Holmes has pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the July 2012 attack on an audience watching "The Dark Knight Rises" in the Denver suburb of Aurora. Prosecutors are seeking the death penalty.

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.

© 2014 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.

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