A Colorado judge isn't going to decide right away whether he will allow James Holmes to change his plea to not guilty by reason of insanity in last year's deadly movie theater shootings.

James Holmes in court (YouTube)

The judge says he will first consider arguments about constitutional questions the defense has raised concerning Colorado's insanity and death penalty laws.

A defense attorney made the request in court today, saying he now has a diagnosis for Holmes. He didn't specify what it was.

Holmes is charged with murder and attempted murder in the July 20 attack in Aurora that killed 12 and injured 70.


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