This opinion is nonprecedential except as provided by Minn. R. Civ. App. P. 136.01, subd. 1(c).
STATE OF MINNESOTA IN COURT OF APPEALS A23-0764
State of Minnesota, Respondent,
vs.
Esais Joseph Menasi, Appellant.
Filed March 4, 2024 Affirmed Kirk, Judge *
Dakota County District Court File No. 19AV-VB-22-7374
Keith Ellison, Attorney General, St. Paul, Minnesota; and
Alina Schwartz, Burnsville City Attorney, Campbell Knutson, P.A., Eagan, Minnesota (for respondent)
Esais Menasi, Rochester, Minnesota (pro se appellant)
Considered and decided by Larkin, Presiding Judge; Gaïtas, Judge; and Kirk, Judge.
NONPRECEDENTIAL OPINION
KIRK, Judge
In this appeal from a petty-misdemeanor citation for speeding, appellant argues that
he received ineffective assistance of counsel. We affirm.
* Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to
Minn. Const. art. VI, § 10. FACTS
Early in the morning on July 27, 2022, appellant Joseph Menasi was pulled over for
speeding in Burnsville. Officer Paul Elmstrand (the officer) was patrolling on McAndrews
Road when he observed a 2021 silver Toyota SUV traveling eastbound towards him at a
very high speed. This was a 35-miles-per-hour (mph) zone and, based on his training and
experience, the officer believed Menasi was traveling “at a much higher rate of speed than
normal moving traffic at [that] hour.” The officer activated the radar device in his squad
car, and “the immediate reading on the screen was 71 miles per hour in a 35 mile an hour
zone.” At “[t]he next available turn around, which was right at Parkwood where the curb
stops, [the officer] was able to maneuver behind the violator, while keeping it in sight.”
The officer conducted a traffic stop near the intersection of McAndrews Road and Echo
Park Lane, which was a 45-mph zone. The officer identified Menasi with his state-issued
driver’s license and issued a citation for speeding.
Menasi was cited for driving 71 mph in a 35-mph zone. Menasi declined an offer
to plead guilty, and instead chose to hire private counsel and proceed to a court trial. At
trial, the only testimony was from the officer, and Menasi’s attorney cross-examined him,
particularly about the U-turn he made to conduct the traffic stop, his ability to keep the
speeding vehicle in his line of sight, and the lack of squad car video. Menasi’s attorney
provided a closing argument where he claimed that “the vehicle that the officer first
observed at a high rate of speed was not Mr. Menasi’s vehicle.” The district court was not
persuaded and found Menasi guilty of speeding in violation of Minn. Stat. § 169.14, subd.
2 2(a) (2020), a petty-misdemeanor offense, and ordered him to pay a fine and surcharge
totaling $280. This appeal follows.
DECISION
Both the United States and Minnesota Constitutions give criminal defendants a right
to the assistance of counsel. U.S. Const. amend. VI; Minn. Const. art. I, § 6. The parties
assume, without discussion or citation to legal authority, that appellant has a constitutional
right to effective assistance of counsel in this case. But a petty misdemeanor is not a crime.
Minn. Stat. § 609.02, subd. 4a (2022) (“‘Petty misdemeanor’ means a petty offense which
is prohibited by statute, which does not constitute a crime and for which a sentence of a
fine of not more than $300 may be imposed.”). Because the right to an attorney applies to
criminal defendants, it does not apply to a non-criminal case.
If the issue of whether there is a constitutional right to counsel in a civil case were
either novel or questionable, it might be appropriate for us to solicit additional briefing on
that issue. However, the law is clear. Moreover, it is the responsibility of appellate courts
to decide cases in accordance with the law, and that responsibility is not to be diluted by
counsel’s oversights, lack of research, failure to specify issues or to cite relevant
authorities. State v. Hannuksela, 452 N.W.2d 668, 674 n.7 (Minn. 1990). We therefore
hold that appellant does not have a constitutional right to effective assistance of counsel in
this petty-misdemeanor, non-criminal case. And even if this was a criminal case,
appellant’s claim that his attorney was constitutionally ineffective would fail. 1
1 The city attorney frames Menasi’s pro se brief as also arguing sufficiency of the evidence.
Menasi’s brief suggests that the evidence would have been insufficient if the attorney had
3 If a defendant claims ineffective assistance of counsel, they must show two things:
(1) that “counsel’s representation fell below an objective standard of reasonableness” and
(2) “there is a reasonable probability that, but for the counsel’s unprofessional errors, the
result of the proceeding would have been different.” State v. Jones, 977 N.W.2d 177, 193
(Minn. 2022) (quotation omitted); see also Strickland v. Washington, 466 U.S. 668, 688,
692 (1984)). The burden of proof is on the defendant to “show that counsel’s representation
fell below an objective standard of reasonableness.” Strickland, 466 U.S. at 688. “[A]ll
of the circumstances” are considered when evaluating counsel’s performance. Id.
This court reviews an ineffective-assistance-of-counsel claim de novo because it
involves a mixed question of law and fact. State v. Mosley, 895 N.W.2d 585, 591 (Minn.
2017). If a claim fails to satisfy one requirement under Strickland, the other requirement
need not be considered. Id. “[M]atters of trial strategy. . . will not be reviewed later by an
appellate court as long as the trial strategy was reasonable.” Ives v. State, 655 N.W.2d 633,
636 (Minn. 2003).
Menasi argues that his attorney: (1) failed to collect all of the evidence, (2) failed to
question the accuracy of the radar, (3) failed to fully question the accuracy of the officer’s
testimony, and (4) did not address certain additional evidence. Under the first prong of
Strickland, an objective standard of reasonableness is “representation by an attorney
exercising the customary skills and diligence that a reasonably competent attorney would
introduced the evidence Menasi wanted, thereby only really raising an argument of ineffective assistance of counsel. Even if there is a sufficiency of the evidence argument, the record supports the district court’s findings and conclusions. See State v. Griffin, 887 N.W.2d 257, 263 (Minn. 2016).
4 perform under similar circumstances.” Jones, 977 N.W.2d at 193. There is a strong
presumption that counsel’s performance was reasonable, and generally matters of trial
strategy are not reviewed. Id. Menasi fails to explain how his attorney’s representation
falls below an objective standard of reasonableness, instead taking issue with the strategy
employed, which this court does not review.
First, Menasi argues that his attorney did not “collect all of the evidence that we
talked about requesting,” which includes a disciplinary report for the officer and a
certification of accuracy for the tuning forks used with the radar.
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This opinion is nonprecedential except as provided by Minn. R. Civ. App. P. 136.01, subd. 1(c).
STATE OF MINNESOTA IN COURT OF APPEALS A23-0764
State of Minnesota, Respondent,
vs.
Esais Joseph Menasi, Appellant.
Filed March 4, 2024 Affirmed Kirk, Judge *
Dakota County District Court File No. 19AV-VB-22-7374
Keith Ellison, Attorney General, St. Paul, Minnesota; and
Alina Schwartz, Burnsville City Attorney, Campbell Knutson, P.A., Eagan, Minnesota (for respondent)
Esais Menasi, Rochester, Minnesota (pro se appellant)
Considered and decided by Larkin, Presiding Judge; Gaïtas, Judge; and Kirk, Judge.
NONPRECEDENTIAL OPINION
KIRK, Judge
In this appeal from a petty-misdemeanor citation for speeding, appellant argues that
he received ineffective assistance of counsel. We affirm.
* Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to
Minn. Const. art. VI, § 10. FACTS
Early in the morning on July 27, 2022, appellant Joseph Menasi was pulled over for
speeding in Burnsville. Officer Paul Elmstrand (the officer) was patrolling on McAndrews
Road when he observed a 2021 silver Toyota SUV traveling eastbound towards him at a
very high speed. This was a 35-miles-per-hour (mph) zone and, based on his training and
experience, the officer believed Menasi was traveling “at a much higher rate of speed than
normal moving traffic at [that] hour.” The officer activated the radar device in his squad
car, and “the immediate reading on the screen was 71 miles per hour in a 35 mile an hour
zone.” At “[t]he next available turn around, which was right at Parkwood where the curb
stops, [the officer] was able to maneuver behind the violator, while keeping it in sight.”
The officer conducted a traffic stop near the intersection of McAndrews Road and Echo
Park Lane, which was a 45-mph zone. The officer identified Menasi with his state-issued
driver’s license and issued a citation for speeding.
Menasi was cited for driving 71 mph in a 35-mph zone. Menasi declined an offer
to plead guilty, and instead chose to hire private counsel and proceed to a court trial. At
trial, the only testimony was from the officer, and Menasi’s attorney cross-examined him,
particularly about the U-turn he made to conduct the traffic stop, his ability to keep the
speeding vehicle in his line of sight, and the lack of squad car video. Menasi’s attorney
provided a closing argument where he claimed that “the vehicle that the officer first
observed at a high rate of speed was not Mr. Menasi’s vehicle.” The district court was not
persuaded and found Menasi guilty of speeding in violation of Minn. Stat. § 169.14, subd.
2 2(a) (2020), a petty-misdemeanor offense, and ordered him to pay a fine and surcharge
totaling $280. This appeal follows.
DECISION
Both the United States and Minnesota Constitutions give criminal defendants a right
to the assistance of counsel. U.S. Const. amend. VI; Minn. Const. art. I, § 6. The parties
assume, without discussion or citation to legal authority, that appellant has a constitutional
right to effective assistance of counsel in this case. But a petty misdemeanor is not a crime.
Minn. Stat. § 609.02, subd. 4a (2022) (“‘Petty misdemeanor’ means a petty offense which
is prohibited by statute, which does not constitute a crime and for which a sentence of a
fine of not more than $300 may be imposed.”). Because the right to an attorney applies to
criminal defendants, it does not apply to a non-criminal case.
If the issue of whether there is a constitutional right to counsel in a civil case were
either novel or questionable, it might be appropriate for us to solicit additional briefing on
that issue. However, the law is clear. Moreover, it is the responsibility of appellate courts
to decide cases in accordance with the law, and that responsibility is not to be diluted by
counsel’s oversights, lack of research, failure to specify issues or to cite relevant
authorities. State v. Hannuksela, 452 N.W.2d 668, 674 n.7 (Minn. 1990). We therefore
hold that appellant does not have a constitutional right to effective assistance of counsel in
this petty-misdemeanor, non-criminal case. And even if this was a criminal case,
appellant’s claim that his attorney was constitutionally ineffective would fail. 1
1 The city attorney frames Menasi’s pro se brief as also arguing sufficiency of the evidence.
Menasi’s brief suggests that the evidence would have been insufficient if the attorney had
3 If a defendant claims ineffective assistance of counsel, they must show two things:
(1) that “counsel’s representation fell below an objective standard of reasonableness” and
(2) “there is a reasonable probability that, but for the counsel’s unprofessional errors, the
result of the proceeding would have been different.” State v. Jones, 977 N.W.2d 177, 193
(Minn. 2022) (quotation omitted); see also Strickland v. Washington, 466 U.S. 668, 688,
692 (1984)). The burden of proof is on the defendant to “show that counsel’s representation
fell below an objective standard of reasonableness.” Strickland, 466 U.S. at 688. “[A]ll
of the circumstances” are considered when evaluating counsel’s performance. Id.
This court reviews an ineffective-assistance-of-counsel claim de novo because it
involves a mixed question of law and fact. State v. Mosley, 895 N.W.2d 585, 591 (Minn.
2017). If a claim fails to satisfy one requirement under Strickland, the other requirement
need not be considered. Id. “[M]atters of trial strategy. . . will not be reviewed later by an
appellate court as long as the trial strategy was reasonable.” Ives v. State, 655 N.W.2d 633,
636 (Minn. 2003).
Menasi argues that his attorney: (1) failed to collect all of the evidence, (2) failed to
question the accuracy of the radar, (3) failed to fully question the accuracy of the officer’s
testimony, and (4) did not address certain additional evidence. Under the first prong of
Strickland, an objective standard of reasonableness is “representation by an attorney
exercising the customary skills and diligence that a reasonably competent attorney would
introduced the evidence Menasi wanted, thereby only really raising an argument of ineffective assistance of counsel. Even if there is a sufficiency of the evidence argument, the record supports the district court’s findings and conclusions. See State v. Griffin, 887 N.W.2d 257, 263 (Minn. 2016).
4 perform under similar circumstances.” Jones, 977 N.W.2d at 193. There is a strong
presumption that counsel’s performance was reasonable, and generally matters of trial
strategy are not reviewed. Id. Menasi fails to explain how his attorney’s representation
falls below an objective standard of reasonableness, instead taking issue with the strategy
employed, which this court does not review.
First, Menasi argues that his attorney did not “collect all of the evidence that we
talked about requesting,” which includes a disciplinary report for the officer and a
certification of accuracy for the tuning forks used with the radar. As the city attorney
correctly argues, the prosecutor is required to disclose a disciplinary report if it could be
used to impeach the officer and the credibility of the officer is material. United States v.
Giglio, 405 U.S. 150, 154 (1972). Evidence is material “only if there is a reasonable
probability that, had the evidence been disclosed to the defense, the result of the proceeding
would have been different.” United States v. Bagley, 473 U.S. 667, 682 (1985). The
district court found the officer credible, and this court defers to the district court’s
credibility determination. See State v. Dickerson, 481 N.W.2d 840, 843 (Minn. 1992),
aff’d, 508 U.S. 366 (1993). And Menasi has failed to meet his burden of demonstrating
that the officer’s disciplinary record, if one even exists, would have changed the outcome
of this case.
Second, Menasi argues that his attorney should have challenged the accuracy of the
radar in the officer’s squad car. For a speeding violation where a radar was used, the
primary issue is the accuracy of the radar, and it is presumed to be accurate if it has been
properly tested and is operated by someone who is trained to do so. State v. Ali, 679
5 N.W.2d 359, 364 (Minn. App. 2004). The officer testified that at the start of each shift he
performs “an internal check of the functions of [his squad car’s] radar unit, as well as an
external check, which involves checking the radar’s function with tuning forks” and on the
day of Menasi’s speeding violation he performed these checks and found his squad car’s
radar to be properly functioning. The officer also testified extensively to the process of
using tuning forks to externally test the radar and the science behind it all. He said he used
the radar earlier in his shift for other speeding tickets without issue. The most recent
certificate of accuracy, from 2020, was also admitted into evidence with no objection. 2
The officer further testified that he has a lot of experience using radar and is even a
radar instructor, training new officers on how to use the relevant device. The district court
found the officer “has training and experience in the operation of radar equipment used in
his squad car.” The officer’s testimony led the district court to conclude, “On the date of
the incident, there were no issues that indicated that the radar was not operating correctly.”
Based on the evidence presented, it was reasonable for Menasi’s counsel not to question
the officer further on this matter and there was no other known accuracy certificate or
reason to believe the one admitted into evidence was not accurate.
Third, Menasi argues that the officer lied about the speed zone and about Menasi
continuing to speed and overtake other cars, suggesting his lawyer should have cross-
examined the officer on these points. The trial transcript defeats these arguments. On
2 In his brief, Menasi mentions a certificate of accuracy for the tuning forks used to test the
radar. This request was not made at trial, and it seems unnecessary given the overwhelming evidence of the accuracy of the radar at the time of the citation.
6 direct examination, the officer testified that when he stopped Menasi, they were in a 45-
mph zone and the speed limit had changed from 35 to 45 when they crossed over Interstate
35E. He further testified he is confident that he received the 71-mph reading while Menasi
was still in the 35-mph zone. As a practical matter, going 71 mph in a 45-mph zone is still
speeding. The officer testified he was “able to keep the violator vehicle in sight” despite
the other traffic the violator was overtaking, that it took him less than a minute to get
directly behind Menasi’s vehicle, and that after he activated his squad car lights, Menasi
was compliant and pulled over.
On cross-examination, Menasi’s attorney questioned the officer extensively about
his ability to keep his sights on the silver SUV amidst the heavy traffic and having to make
a U-turn. Again, the district court found the officer’s recollection of events credible, and
we defer to the district court’s credibility determinations. See Dickerson, 481 N.W.2d at
843. Menasi’s attorney chose a trial strategy focused on whether the officer pulled over
the correct vehicle, a reasonable strategy, and this court does not review trial strategy.
Finally, Menasi argues that his lawyer should have mentioned he was driving on a
hill, should have admitted video evidence of the speed change, and should have emphasized
the lack of squad car video. Menasi’s attorney asked the officer if his squad car was
equipped with a video system, and the officer said it was not. The officer also testified that
the speed limit changed, so this is not disputed.
Menasi’s arguments are matters of trial strategy, which this court does not review.
Even if they are not, Menasi’s arguments fail under the first prong of Strickland because
he has not shown that his attorney’s actions fell below an objective standard of
7 reasonableness. While the second prong need not be addressed, there is also no evidence
that the outcome of this trial would have been anything besides a finding of guilt.
Affirmed.