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Judge re-starts 2nd sanity evaluation for theater shooting suspect after defense appeal fails

With a state Supreme Court appeal out of the way, the judge in the Colorado theater shootings has re-started the second sanity evaluation for defendant James Holmes.

In an order released Friday, the judge directed the new psychiatrist to examine Holmes and submit a report by Aug. 15.

Holmes pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in July 2012. He underwent a sanity evaluation last summer, but the judge ordered another after prosecutors argued the first was flawed.

The key findings of the first evaluation haven't been disclosed.

The second evaluation was on hold while Holmes' lawyers tried to block it. The Supreme Court denied their appeal Thursday.

Prosecutors are seeking the death penalty. The trial is scheduled to start in October.

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