Attorneys for Aurora theater shooting suspect James Holmes are asking that Holmes be treated with “heightened standards of fairness and reliability” in his criminal case, now that prosecutors have decided to seek the death penalty.

In a filing Monday, Holmes’ attorneys say both the U.S. and the Colorado constitutions guarantee that defendants facing execution should be treated with extra legal caution.

“It is beyond dispute that this standard should be applied to any capital sentencing proceeding,” Holmes’ lawyers wrote in their motion.

But, because the same jury who would decide whether Holmes lives or dies would first decide if he is guilty, Holmes’ lawyers argue that the heightened fairness should extend to all phases of the case.

“[T]he reliability and certainty of any sentencing decision is inextricably intertwined with the reliability and certainty of any preceding trial process and and resulting verdict,” Holmes’ attorneys wrote in the motion.

It is unclear how the filing could affect the case. In the filing, Holmes’ attorneys don’t indicate any specific ways the heightened standard would be applied on any ways it has not been met. Prosecutors have not filed a formal reply, but Holmes’ attorneys say they believe prosecutors are opposed.

John Ingold: 303-954-1068, jingold@denverpost.com or twitter.com/john_ingold