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James Holmes' attorneys will appeal 2nd sanity exam order in Colorado theater shooting case

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 has pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the July 2012 attack. Prosecutors are seeking the death penalty.

Holmes underwent a mandatory sanity evaluation last year. Samour ruled the first exam was inadequate and ordered a second.

Holmes' lawyers objected, saying the order was improper and violated Holmes' rights.

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