Whether the Sixth Circuit panel's decision to affirm the District Court decision that was based on the "application of the wrong legal test" constituted a violation of a Supreme Court guideline ("an erroneous legal conclusion deserves no deference on appeal"), a denial of due process to Plaintiff, and a violation of the "just" aspect of Rule 1; because even though the panel applied the correct law to the District Court decision, the panel and the District Court held no hearing and Plaintiff therefore did not have the opportunity to be heard. Indeed, the panel asserted as follows: "On remand, the district court denied Jaiyeola's motion for sanctions, concluding that he had failed to meet his burden of proving by "clear and convincing evidence that Defendants' counsel presented intentionally false material to the Court." Obviously, Plaintiff could not have presented a "clear and convincing evidence that Defendants' counsel presented intentionally false material to the Court." without a hearing at the District Court or at the Sixth Circuit.

A "clear and convincing evidence" burden of proof is a very high standard for a Court to ask for. In a lawsuit where credibility of the litigants are tied to the facts of the case, an evidentiary hearing and cross-examination must be allowed. Hemphill v. New York, No. 20-637, 595 U.S. Court has noted, cross-examination is the "greatest legal engine ever invented for the discovery of truth." California v. Green, 399 U.S. 149, 158, 90 S.Ct. 1930, 26 L.Ed.2d 489 (1970). " Johnson v. Bell, 605 F.3d 333 (6th Cir. 2010). And if there is a video evidence that is central to the issues, the Court should admit the video into evidence. A litigant cannot overcome a "clear and convincing evidence" burden of proof without evidentiary hearing, cross-examination, and admission of evidence like a video evidence. Both the District Court and the Sixth Circuit Court of Appeals denied Plaintiff a hearing. Plaintiff was unable to overcome a "clear and convincing evidence" burden of proof at the District Court.

Whether a Court can correctly decide a lawsuit when the Court demands "clear and convincing evidence" burden of proof and where credibility of the litigants are tied to the facts of the case without conducting evidentiary hearing, allowing for cross-examination, and admitting any valid video into evidence.

Whether the Sixth Circuit panel's decision to affirm the District Court decision that was based on the application of the wrong legal test constituted a violation of a Supreme Court guideline, a denial of due process to Plaintiff, and a violation of the just aspect of Rule 1