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Apr 23, 4:46 PM EDT

James Holmes' attorneys appeal sanity exam order

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

In court filings released Wednesday, defense lawyers asked for 30 days to file the appeal, but the judge gave them until May 5, less than two weeks. The judge postponed a hearing that was scheduled to start May 5 so defense lawyers can focus on the appeal.

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. The judge ruled the first exam was inadequate and ordered a second.

Holmes' lawyers objected, saying the order is improper and violates Holmes' rights.

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