State v. Deanda, 2012 Ohio 408

Deanda was convicted of felonious assault after a May 2010 jury trial; he received a seven-year prison term.
The incident occurred September 19, 2009, when Deanda stabbed Swartz multiple times and threatened to kill him.
Swartz was severely injured and life-flighted to a hospital.
Deanda was indicted on one count of attempted murder on September 23, 2009.
The trial court instructed on felonious assault as a lesser included offense; on appeal, multiple errors were argued, and the court reversed and remanded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether felonious assault was a valid lesser included offense of attempted murder	State contends Deem/Evans support no lesser offense in abstract	Deanda argues the court properly instructed on a lesser offense	Reversed; felonious assault not a proper lesser offense as charged
Admission of hearsay evidence over objection	State maintains hearsay was admissible	Deanda argues hearsay violated Evid.R. 802/803	Prejudicial error found; assignment sustained; admissions harmful
Prosecutorial misconduct in closing rebuttal	State's rebuttal comments improper	Deanda asserts misconduct	Moot as prejudicial error found on other issue
Trial court's jury instruction on felonious assault as lesser included offense	State relies on Deem/Evans framework	Deanda argues improper instruction	Fourth assignment sustained; error reversible
Whether conviction is against the manifest weight of the evidence	State argues sufficient evidence	Deanda contends weight favors acquittal	Moot due to other reversible errors

State v. Deem, 40 Ohio St.3d 205 (Ohio 1988) (three-part test for lesser included offenses (Deem))
State v. Barnes, 94 Ohio St.3d 21 (Ohio 2002) (held that not every greater/lesser offense pairing follows identical language)
State v. Evans, 122 Ohio St.3d 381 (Ohio 2009) (modified Deem test; deletes 'ever' and emphasizes statutory context and evidence-based instruction)