State of Tennessee v. Ezekiel Abraham Schmaltz

Case Number
E2024-01107-CCA-R3-CD

The Defendant, Ezekiel Abraham Schmaltz, appeals his Knox County jury convictions of
two counts of observation without consent and one count of assault, for which he received
an effective sentence of two years and six months’ incarceration. On appeal, the Defendant
argues (1) the evidence was insufficient to sustain his convictions, (2) the State committed
prosecutorial misconduct by discussing punishment with the prospective jurors during voir
dire, (3) the trial court erred by admitting extrinsic proof of the victim’s prior consistent
statements to rehabilitate her credibility, (4) the trial court erred by restricting the
Defendant’s ability to cross-examine two State’s witnesses, and (5) the cumulative effect
of trial errors entitles him to a new trial. Following our review, we remand the case for
merger of the Defendant’s convictions of observation without consent into a single
conviction and the entry of corrected judgments. We otherwise affirm the judgments of
the trial court.

Authoring Judge
Judge Steven W. Sword
Originating Judge
Judge Hector Sanchez
Date Filed