Mix
United States v. Mix
Opinion
Lead Opinion
MEMORANDUM **
Tony Mix appeals his conviction and sentence on two counts of kidnaping, five counts of aggravated sexual abuse, and two counts of assault with a dangerous weapon.
1. Mix challenges the admission of certain expert testimony by Dr. Ferraro, a sociologist who opined (without objection to her qualifications to testify) on the subject of domestic violence. In general, Dr. Ferraro’s testimony regarding the dynamics of abusive relationships was properly admitted because it assisted the jury in understanding the evidence and provided context for Tohannie’s testimony. See, e.g., United States v. Rahm, 993 F.2d 1405, 1411 (9th Cir.1993) (main criterion for admissibility is helpfulness to jury); cf. Estelle v. McGuire, 502 U.S. 62, 68-69 , 112 S.Ct. 475 , 116 L.Ed.2d 385 (1991); United States v. Peralta, 941 F.2d 1003, 1009-10 (9th Cir.1991). The admission of Dr. Ferraro’s specific testimony, over Mix’s objection, however, that nothing in the record “indicate[d] to [her] that Mr. Mix was not aware of what he was doing on October 30th of 2000” violated Fed.R.Evid. 704(b)’s “necessary compulsion” test. See United States v. Finley, 301 F.3d 1000, 1015 (9th Cir.2002). Also, she…