Judge Carlos Samour Jr. rejected a request from Holmes’ attorneys to rule on their contention that state laws on the death penalty and insanity plea overlap in ways that could violate his protection against self-incrimination and other rights.

Holmes is charged with multiple counts of murder and attempted murder in the July shootings at a suburban Denver movie theater. Twelve people died and 70 were injured.

Prosecutors are seeking the death penalty. A trial is scheduled to start in February.

Holmes’ lawyers have argued they cannot advise him how to plead because of their questions about the constitutionality of the laws.

The former judge in the case, William Sylvester, entered a not guilty plea on Holmes’ behalf in March but said Holmes could ask to change it to insanity. Sylvester withdrew from the case last month, saying his administrative duties as chief judge of the district did not allow him enough time to handle a death penalty case.

Samour ruled Friday that Holmes did not have legal standing to question the constitutionality of the death penalty and insanity laws because he has not entered an insanity plea. If Holmes changes his plea to insanity, the defense could again raise the questions, Samour said.

Holmes would need Samour’s permission to change his plea.

The defense raised the same questions in March, before prosecutors had announced they were seeking the death penalty. Sylvester, who was still on the case, also refused to address them, citing reasons similar to the ones Samour would list later.

Holmes is widely expected to enter an insanity plea. His attorneys have said he suffers from mental illness and he was seeing a psychiatrist before the shootings.