Robinson was arrested in September 2025 in connection with the assassination of Charlie Kirk during a Turning Point USA event at Utah Valley University.
Much of the evidence prosecutors plan to use has already been revealed publicly, according to Ballard, and Robinson's defense hasn't proven a "realistic likelihood of prejudice" if the hearing is open to the public, he added.
The preliminary hearing, an early step in many criminal cases, has not yet been held, and as a result, Robinson has not yet entered a plea.
The hearing requires prosecutors to show they had probable cause to arrest the defendant, thereby allowing the case to proceed toward trial.
The hearing was most recently delayed from the week of May 16 to the week of July 6.
Typically, to be granted a stay in a Utah criminal case, the defense must show a likelihood that their appeal will prevail, a likelihood of "irreparable harm" that outweighs any harm to any other party — and that the stay "is not adverse to the public interest," according to Ballard's filing.
He argued that Robinson's lawyers haven't met any of those criteria.
"Defendant must satisfy all three elements," he wrote. "He hasn’t satisfied even one. In fact, he ignores this rule."
Not only do delays hurt the prosecution, Ballard argued, they also hurt Erika Kirk, Charlie's widow and the designated victim's advocate in the case. She has invoked the victim's right to a speedy trial under Utah law.
Attorneys for two groups of media outlets, one of which includes Fox News and Fox News Digital, are also expected to file a response to Robinson's appeal this week.
In a separate, 51-page filing, Robinson's defense also asked the judge to block hearsay testimony at the hearing, arguing that Utah laws that permit it are unconstitutional.