FILE - This June 4, 2013 file photo shows Aurora theater shooting suspect James Holmes in court in Centennial, Colo. Prosecutors in the Colorado theater shooting case are hinting they might want to search for additional evidence or look for more documents, although they aren't publicly saying why. In a motion filed Friday and released Monday, April 28, 2014, prosecutors asked the judge to keep secret any future requests they might make for search warrants or for court orders to produce records. Holmes pleaded not guilty by reason of insanity to multiple counts of murder and attempted murder in the 2012 attack on a suburban Denver movie theater, which killed 12 people and injured 70. Prosecutors are seeking the death penalty. His trial is scheduled to start in October. (AP Photo/The Denver Post, Andy Cross, Pool, File)

DENVER | Lawyers for the man charged in the Colorado movie theater massacre have asked the state Supreme Court to overturn the presiding judge’s order for a second sanity evaluation, but the appeal is sealed.

In documents released Tuesday, defense lawyers confirmed they filed the appeal and asked that the document remain out of the public’s view.

James Holmes

James Holmes pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the 2012 attack. He underwent a mandatory sanity evaluation last summer, but the judge ordered another exam after prosecutors complained that the doctor who conducted the first one was biased.

Defense lawyers asked both the Supreme Court and the presiding judge to keep the appeal sealed. Neither court has responded, but the appeal remains sealed for now.

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