Commonwealth v. Carey

The defendant, John Carey, appeals from his convictions of armed home invasion, assault and battery (two of three *588counts), and attempting to murder the victim by strangulation.1 He contends, pursuant to the holding of Lawrence v. Texas, 539 U.S. 558 (2003), that the judge committed constitutional error by refusing to provide an instruction that the jury consider whether the alleged attack was part of consensual sexual activity, which, if found, mandated his acquittal on the charge of attempted murder by strangulation. He also complains of the prejudicial admission in evidence of sexual and…