AURORA | James Holmes is set to appear in court Thursday so prosecutors and the defense can argue over whether the accused theater shooter should get a second psychiatric evaluation.

Prosecutors asked for the evaluation in motions that were partially unsealed Monday. Legal experts say the request is a sign that doctors at the state mental hospital ruled Holmes insane, a ruling that could be a blow to the prosecution.

The defense has objected to Holmes undergoing another evaluation.

Judge Carlos Samour asked the two sides on Monday to schedule a hearing as quick as possible and on Tuesday the sides announced a hearing scheduled for 10 a.m. Thursday.

Holmes is accused of killing 12 and wounding dozens more during a July 2012 shooting rampage at an Aurora theater. He has pleaded not guilty by reason of insanity. Prosecutors are seeking the death penalty.