Whether the Sixth Circuit erred by prohibiting fact-finders from considering a defendant's in-court appearance compared to photographic and video evidence, and whether the Sixth Circuit failed to follow its own precedent in analyzing district court interjections during testimony

(1) Whether the Sixth Circui t erred by proh ibiting fact-finders in a criminal trial from considering the in -court appearance of the defendant as it compares to photographic and video evidence in the record, or whether the Sixth Circuit should permit such con sideration, a s the Fifth and Ninth Circuits do . (2) Whether the Six th Circuit failed to follow its own prece dential case of United States v. Hickman , 592 F.2d 931 (6th Cir. 1979) , when analyzing whether the district court ’s interjections during testimony deprived the defenda nt of a fai r trial pursuant the the Sixth Amen dment .