People v. Dillon
In People v. Dillon, 655 P.2d 841 (Colo. 1983), the defendant, after commencing his direct appeal and raising issues contained in his motion for new trial, realized he had not filed post-trial motions in the trial court. He then filed a motion in the trial court for leave to file motions for a new trial and for judgment notwithstanding the verdict.
The trial court denied the motion, the defendant took another appeal from that denial, and the appeals were consolidated.
In affirming the trial court, the supreme court stated:
The efficient administration of justice would not be served by a rule that permitted the trial court to reconsider its earlier rulings at the same time that an appeal is pending in an appellate court. Unless otherwise specifically authorized by statute or rule, once an appeal has been perfected, the trial court has no jurisdiction to issue further orders in the case relative to the order or judgment appealed from. Consequently, should it be necessary for the trial court to act, other than in aid of the appeal or pursuant to specific statutory authorization, the proper course would be for a party to obtain a limited remand from the appellate court. (People v. Dillon, supra, 655 P.2d at 844.)