Does the Attorney General's report on sexual assault have any impact on the fairness of the evidentiary hearing?

Modahl has not cast doubt on the fairness of the state court hearing. Modahl was represented by counsel, who presented evidence and examined and cross-examined witnesses. See Tamayo-Reyes v. Keeney, 926 F.2d 1492, 1498 (9th Cir.1991) (defendant who is represented by counsel and permitted to present evidence, examine and cross-examine witnesses received a full and fair hearing), rev'd on other grounds, 112 S.Ct. 1715 (1992). Although Modahl was not allowed to introduce the Attorney General's report into evidence, his counsel used the report to cross-examine a prosecution witness about the procedures by which the victims were questioned and housed. Our review of the transcript reveals a full and fair hearing. Accordingly, we find that the district court did not abuse its discretion by refusing to hold an evidentiary hearing. See Tinsley, 895 F.2d at 530.

Ineffective Assistance Claims