Holmes is charged with killing 12 people and injuring 70 in the 2012 movie house assault.
He pleaded not guilty by reason of insanity. Prosecutors are seeking the death penalty.
The judge on Friday denied motions arguing that execution would violate the state and federal constitutions because there was no grand jury indictment.
Colorado law allows prosecutors to file charges themselves or through a grand jury. No grand jury was convened for Holmes.
The trial is scheduled to start in October with jury selection.
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Defence lawyers have made multiple attempts to bar the death penalty, and so far all have failed.
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