James W. Birge v. State of Indiana

── James W. Birge v. State of Indiana ── Case No.: 23A-CR-03079 Court: Indiana Court of Appeals Date: February 11, 2025 Author: Judge Rudolph Pyle County of Origin: Knox Category: Criminal Decision: Affirmed Judge May and Judge Brown concur In February 2021, thirty-year-old Birge was involved in a relationship with Jaztin Smith (“Smith”). Smith had previously been involved in a thirteen-year on and off relationship with Zachary Simmons (“Simmons”), who goes by the nickname “Six[.]” (Tr. Vol. 3 at 26). Smith and Simmons have four young children. On February 13, Smith picked Simmons up at his house at 9:00 p.m. and took him to her house so that he could visit their children. 1 IND. CODE § 35-42-1-1 and I.C.