Lawyers for the man charged with the Colorado theater massacre are asking the state Supreme Court not to publicly release one of their motions.

The motion is believed to be an appeal of the presiding judge's order for defendant James Holmes to undergo a second sanity evaluation. It was filed under seal Monday.

A court spokesman said Tuesday the defense also filed a petition asking to keep the motion sealed. The Supreme Court hasn't yet ruled on the request.

Holmes' lawyers also asked the Supreme Court to overturn the presiding judge's order allowing victims to attend all of the trial even if they'll be called to testify. That appeal wasn't sealed.

Holmes pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the July 2012 attack.