Remand for an evidentiary hearing regarding whether newly discovered evidence requires a new trial is inappropriate when the allegations in the briefs and supporting affidavit "have no official record support." People v Clark, 68 Mich App 48, 53; 241 NW2d 756 (1976). See also People v Williams, 275 Mich App 194, 200; 737 NW2d 797 (2007) (regarding a motion to remand for a hearing regarding ineffective assistance of counsel).
When SA, another of Tingley's stepdaughters, subsequently testified that DA had "false memory syndrome" and "liked to make up stories," Tingley's attorney commented to the prosecutor, "Would you like to laugh a little louder," to which the prosecutor replied, "I'm sorry, I didn't realize I was under oath." In People v Clark, 68 Mich App 48, 51-52; 241 NW2d 756 (1976), the prosecutor laughed "during the course of" a defense witness's testimony. In contrast, in the present case, the prosecutor allegedly laughed only in response to SA's testimony regarding false memory syndrome.