Whether the lower courts may reject a claims of fraud upon the court without addressing that issue or remanding the case to the lower courts where clear and convincing evidence exist in their records to establish such a claim and the matter can be proven or dis-proven upon remand and evidentiary hearing in the lower courts

May the Sixth Circuit Court of Appeals refuse to remand and deny an appellant's request for evidentiary hearing to the lower courts where evidence exist in such courts that will resolve each issue or controversy within the case and to establish a firm claim of fraud upon the court made by a Petitioner

May a Petitioner present his claim of fraud upon the court to the United States Supreme Court where lower courts refuse to address the claim as presented in the litigation brought in those courts

May a Jury in a criminal trial decide a claim of fraud upon the court when such a claim is not before that body for resolution in the Jury Instructions nor was it predicated on testimony provided before the Jury during trial

May a claim of ineffective assistance of counsel be established where counsel failed to properly prepare and execute a clients Fourth Amendment right to be free from illegal search and seizure and fraud upon the court

May a defendant establish prosecutorial misconduct by presenting conclusive evidence which shows the Prosecutor solicited false testimony and evidence during the Preliminary Examination and Trial without correcting the substance in question and using this evidence and testimony without bringing to the attention of the Court that the substance was indeed false and was used by the Court's in it's decision to deny the motion to suppress evidence

Whether lower courts may reject a claim of fraud upon the court without addressing the issue or remanding the case