Court of Appeals of Indiana | Memorandum Decision 19A

- PC

- 1609 | September 23, 2020 Page 1 of 3



### MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D) , this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case

.

A TTORNEY FOR A PPELLANT I . Marshall Pinkus Pinkus & Pinkus Indianapolis, Indiana A TTORNEY S FOR A PPELLEE Curtis T. Hill, Jr. Attorney General Tyler G. Banks Supervising Deputy Attorney General Indianapolis, Indiana



### I N T H E 

# COURT OF APPEALS OF INDIANA

Russell Rouzier , Appellant

- Petitioner ,

v.


### State of Indiana , Appellee

- Respondent September 23, 2020 Cour t of Appeals Cas e No. 19A- PC -1609 App eal from the Marion Superior Court T he Honorable Lis a F

. Borges , Judge Trial Court Cause No. 49G04-1 6 12-P C -48935

Vaidik , Judge
.

[1] In February 2016, Russell Rouzier was convicted of Level 3 felony criminal confinement and Class A misdemeanor domestic battery and sentenced toCourt of Appeals of Indiana | Memorandum Decision 19A

- PC

- 1609 | September 23, 2020 Page 2 of 3

twelve years. We affirmed on direct appeal. See Rouzier v. State , No. 49A04

- 1603

- CR

- 495 (Ind. Ct. App. Sept. 22, 2016).

[2] I n December 2016, Rouzier filed a petition for post

- conviction relief , argu ing that his trial counsel was ineffective on several grounds. After an evidentiary hearing at which Rouzier was the only witness to testify , the post

- conviction court den ied relief. See Appellant’s App. Vol. II pp. 24

- 39.

[3] Rouzier now appeals , arguing that the post

- conviction court erred in denying his petition. Rouzier’s arguments are contained within a single paragraph, and that paragraph is simply a series of conclusory all egations that his trial counsel was ineffective

. Specifically, Rouzier claims there was “ no consistent representation provided by the Marion County Public Defenders Agency, ” that his trial counsel was not “prepared” for trial, that his trial counsel did not let him participate in the jury

- selection process, that his trial counsel did not let him testify , that his trial counsel “ allow ed ” the State to play only a portion of a recording , and that his trial counsel should have objected to pictures of a k nife found on the scene

. See Appellant’s Br. p p. 11

- 12

. Rouz i er does not develop these arguments or provide any citations to the record to support them

. And

a lthough Rouzier cites Strickland v. Washington , 466 U.S. 668 (1984) , which sets forth a two

- part test for evaluating ineffectiveness claims, he fails to perform the analysis required by that case

. That is, he doesn’t argue how trial counsel’s performance was deficient in any detail beyond a mere allegation of deficiency

or argue how that deficient performance prejudiced him

.Court of Appeals of Indiana | Memorandum Decision 19A

- PC

- 1609 | September 23, 2020 Page 3 of 3

[4] A party waives an issue where the party fails to develop a cogent argument or provide adequate citation to authority and portions of the record. Smith v. State, 822 N.E.2d 193, 202

- 03 (Ind. Ct. App. 2005) , trans. denied; see also Ind. Appellate Rule 46(A)(8) (a) (requiring the appellant ’ s arguments to be

“ supported by cogent reasoning ” and “ citations to the authorities, statutes, and the A ppendix or parts of the R ecord on A ppeal relied on” ). T he State claims that Rouzier has waived all his arguments, and notably Rouzier did n’t file a reply brief to dispute that claim

. We agree with the State that Rouzier has waived all his arguments and therefore affirm the post

- conviction court.

[5] Affirmed.
Bailey, J., and Baker, Sr. J., concur

.