UPDATE: Thursday, August 30, 2012

A psychiatrist at the University of Colorado, Denver, says she met with the suspect in the Colorado movie theater shooting only once, and she believes her doctor-patient relationship with him is limited to that meeting.

Dr. Lynne Fenton testified Thursday in a hearing on whether investigators can have access to a notebook sent to her by James Holmes.

Holmes is accused in the July 20 shooting that left 12 people dead and 58 wounded.

Prosecutors believe the notebook contains descriptions of a violent attack, and argue they should be allowed to review it as part of their investigation.

Defense attorneys say the journal is inadmissible because it's protected by doctor-patient privacy laws.

Judge William B. Sylvester has called a recess to consider a defense request to close the remainder of the hearing.

Thursday, August 30, 2012

Prosecutors have an uphill battle if James Holmes pleads not guilty by reason of insanity. Unlike other states where the defense needs to prove sanity, prosecutors in Colorado are the ones who have to show that a defendant is sane -- and they have to do it without having their own experts examine Holmes.

Holmes is accused in the July 20 shooting that left 12 people dead and 58 wounded. He is due is in court Thursday where a University of Colorado psychiatrist is expected to testify.

Holmes' defense attorneys say he went to the psychiatrist for help with an undisclosed mental illness. Holmes' mental health is expected to be the major issue in the case. Prosecutors allege Holmes may have been angry at the failure of a once promising academic career.