State v. Schulz, 691 N.W.2d 474 (Minn. 2005). · Go Syfert
State v. Schulz, 691 N.W.2d 474 (Minn. 2005). Cases Citing This Book View Copy Cite
“nfair prejudice is 1 respondent elected to not file a brief on appeal. 6 evidence that persuades by illegitimate means, giving one party an unfair advantage.”
81 citation events (81 in the last 25 years) across 3 distinct courts.
Strongest positive: State of Minnesota v. Mark John Jenni (minnctapp, 2026-01-05)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 44 distinct citers.
discussed Cited as authority (verbatim quote) State of Minnesota v. Mark John Jenni (2×) also: Cited as authority (rule)
Minn. Ct. App. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
evidence is relevant and has probative value when it, in some degree, advances the inquiry.
discussed Cited as authority (verbatim quote) State of Minnesota v. Mario Gonzalez
Minn. Ct. App. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
nfair prejudice is 1 respondent elected to not file a brief on appeal. 6 evidence that persuades by illegitimate means, giving one party an unfair advantage.
cited Cited as authority (rule) Samuel David Berg v. State of Minnesota
Minn. Ct. App. · 2026 · confidence medium
Evidence “has probative value when it, in some degree, advances the inquiry.” State v. Schulz, 691 N.W.2d 474, 478 (Minn. 2005); see also Minn. R.
cited Cited as authority (rule) State of Minnesota v. Shane Joseph Gross
Minn. Ct. App. · 2026 · confidence medium
State v. Schulz, 691 N.W.2d 474, 478 (Minn. 2005).
discussed Cited as authority (rule) State of Minnesota v. Larry Joe Foster
Minn. · 2025 · confidence medium
Framed differently, we have said that evidence has probative value “if, when taken alone or in connection [with] other facts, [the evidence] warrants a jury in drawing a logical inference assisting, even though remotely, the determination of the issue in question.” State v. Schulz, 691 N.W.2d 474, 478 (Minn. 2005) (emphasis added).
discussed Cited as authority (rule) State of Minnesota v. Jerome Anthony Woodland
Minn. Ct. App. · 2024 · confidence medium
“Unfair prejudice under rule 403 is not merely damaging evidence, even severely damaging evidence; rather, unfair prejudice is evidence that persuades by illegitimate means, giving one party an unfair advantage.” State v. Schulz, 691 N.W.2d 474, 478 (Minn. 2005).
discussed Cited as authority (rule) State of Minnesota v. Charlene Marie Waldron
Minn. Ct. App. · 2023 · confidence medium
Rule 403 provides that relevant evidence “may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.” Relevant evidence “has probative value when it, in some degree, advances the inquiry.” State v. Schulz, 691 N.W.2d 474, 478 (Minn. 2005).
discussed Cited as authority (rule) State of Minnesota v. Jeffrey Blake Palmer
Minn. Ct. App. · 2016 · confidence medium
“Unfair prejudice under rule 403 is not merely damaging evidence, even severely damaging evidence; rather, unfair prejudice is evidence that persuades by illegitimate means, giving one party an unfair advantage.” State v. Schulz, 691 N.W.2d 474, 478 (Minn. 2005).
discussed Cited as authority (rule) State of Minnesota v. Mackey Keyota Drake
Minn. Ct. App. · 2016 · confidence medium
“Evidence that is probative, though it may arouse the passions of the jury, will still be admitted unless the tendency of the evidence to persuade by illegitimate means overwhelms its legitimate probative force.” State v. Schulz, 691 N.W.2d 474, 478-79 (Minn. 2005).
discussed Cited as authority (rule) State of Minnesota v. Nammoun Khampanya
Minn. Ct. App. · 2016 · confidence medium
“Evidence that is probative, though it may arouse the passions of the jury, will still be admitted unless the tendency of the evidence to persuade by illegitimate means overwhelms its legitimate probative force.” State v. Schulz, 691 N.W.2d 474, 478-79 (Minn. 2005).
cited Cited as authority (rule) State of Minnesota v. Matthew Shane Michener
Minn. Ct. App. · 2016 · confidence medium
State v. Diggins, 836 N.W.2d 349, 357 (Minn. 2013); State v. Schulz, 691 N.W.2d 474, 477 (Minn. 2005).
discussed Cited as authority (rule) State of Minnesota v. Ger Lee
Minn. Ct. App. · 2016 · confidence medium
Unfair prejudice Appellant argues that any probative value of the relationship evidence was substantially outweighed by the danger of unfair prejudice because “it reflected primarily on appellant’s bad character” and “allowed the [district] court to infer that if he had 8 engaged in such conduct in the past, he also must have committed the charged crime and was not acting in self-defense. . . .” Minn. Stat. § 634.20 “specifically provides for the admission of evidence of [domestic conduct] by the accused unless it fails to meet a balancing test that considers whether the probative…
discussed Cited as authority (rule) State of Minnesota v. Dashaunta Dmar Gomez
Minn. Ct. App. · 2016 · confidence medium
“Unfair prejudice under rule 403 is not merely damaging evidence, even severely damaging evidence; rather, unfair prejudice is evidence that persuades by illegitimate means, giving one party an unfair advantage.” State v. Schulz, 691 N.W.2d 474, 478 (Minn. 2005).
cited Cited as authority (rule) State of Minnesota v. Ryan James Sabot
Minn. Ct. App. · 2016 · confidence medium
“The district court has a wide range of discretion in determining the relevancy of evidence.” State v. Schulz, 691 N.W.2d 474, 477 (Minn. 2005).
discussed Cited as authority (rule) Jane Doe 136 v. Ralph Liebsch (2×)
Minn. · 2015 · confidence medium
Evid. 403, which provides that “evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.” Evidence has probative value “when it, in some degree, advances the inquiry.” State v. Schulz, 691 N.W.2d 474, 478 (Minn.2005).
cited Cited as authority (rule) State of Minnesota v. Larry Maurice Taylor
Minn. Ct. App. · 2015 · confidence medium
Evid. 403, unfair prejudice results from “evidence that persuades by illegitimate means, giving one party an unfair advantage.” State v. Schulz, 691 N.W.2d 474, 478 (Minn. 2005).
discussed Cited as authority (rule) State of Minnesota v. David Eugene Carlson
Minn. Ct. App. · 2015 · confidence medium
“Unfair prejudice under rule 403 is not merely damaging evidence, even severely damaging evidence; rather, unfair prejudice is evidence that persuades by illegitimate means, giving one party an unfair advantage.” State v. Schulz, 691 N.W.2d 474, 478 (Minn. 2005).
discussed Cited as authority (rule) RKL Landholdings, LLC v. Seneca Specialty Insurance Company, 1563 University Ave, LLC
Minn. Ct. App. · 2015 · confidence medium
“Unfair prejudice under rule 403 is not merely damaging evidence, even severely damaging evidence; rather, unfair prejudice is evidence that persuades by illegitimate means, giving one party an unfair advantage.” State v. Schulz, 691 N.W.2d 474, 478 (Minn. 2005).
discussed Cited as authority (rule) State of Minnesota v. Jose Luis Guzman
Minn. Ct. App. · 2015 · confidence medium
Under Minnesota Rule of Evidence 403, relevant evidence “may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice . . . or 6 needless presentation of cumulative evidence.” Rule 403 favors admission of relevant evidence, “as the probative value of the evidence must be ‘substantially’ outweighed by prejudice.” State v. Schulz, 691 N.W.2d 474, 478 (Minn. 2005).
discussed Cited as authority (rule) State of Minnesota v. Saaundre Julian Burns
Minn. Ct. App. · 2015 · confidence medium
“When balancing the probative value against the potential prejudice, unfair prejudice ‘is not merely damaging evidence, even severely damaging evidence; rather, unfair prejudice is evidence that persuades by illegitimate means, giving one party an unfair advantage.’” State v. Bell, 719 N.W.2d 635, 641 (Minn. 2006) (quoting State v. Schulz, 691 N.W.2d 474, 478 (Minn. 2005)).
discussed Cited as authority (rule) State of Minnesota v. Shelby Ivan Charles
Minn. Ct. App. · 2014 · confidence medium
State v. Schulz, 691 N.W.2d 474, 478 (Minn. 2005). 1 Appellant notes that the state never provided his trial counsel a full copy of the recording, but he does not argue on appeal that the state violated its discovery obligations. 9 Here, the redacted recording helped establish that appellant attempted to influence a potential witness’s testimony, which is evidence that is relevant both to appellant’s guilt and credibility.
discussed Cited as authority (rule) Jane Doe 136 v. Ralph Liebsch (2×) also: Cited "see"
Minn. Ct. App. · 2014 · confidence medium
In considering probative value, a district court should ask whether, and to what degree, the evidence “advances the inquiry.” State v. Schulz, 691 N.W.2d 474, 478 (Minn. 2005).
discussed Cited as authority (rule) State of Minnesota v. Mannie Lamar Banks
Minn. Ct. App. · 2014 · confidence medium
“Unfair prejudice under rule 403 is not merely damaging evidence, even severely damaging evidence; rather, unfair prejudice is evidence that persuades by illegitimate means, giving one party an unfair advantage.” State v. Schulz, 691 N.W.2d 474, 478 (Minn. 2005).
discussed Cited as authority (rule) State of Minnesota v. Eddie Matthew Mosley (2×) also: Cited "see"
Minn. · 2014 · confidence medium
See State v. Hayes, 826 N.W.2d 799, 807-08 (Minn.2013); State v. Schulz, 691 N.W.2d 474, 477 (Minn.2005).
discussed Cited as authority (rule) In the Matter of the CIVIL COMMITMENT OF Gary George SPICER
Minn. Ct. App. · 2014 · confidence medium
“Unfair prejudice under rule 403 is not merely damaging evidence, even severely damaging evkjenee; rather, unfair prejudice is evidence that persuades by illegitimate means, giving one party an unfair advantage.” State v. Schulz, 691 N.W.2d 474, 478 (Minn.2005).
discussed Cited as authority (rule) State of Minnesota v. Antanie Devon Johnson
Minn. Ct. App. · 2014 · confidence medium
“A fact is relevant if, when taken alone or in connection of other facts, [it] warrants a jury in drawing a logical inference assisting, even though remotely, the determination of the issue in question.” State v. Schulz, 691 N.W.2d 474, 478 (Minn. 2005).
cited Cited as authority (rule) State of Minnesota v. Katherine Trinka Olson
Minn. Ct. App. · 2014 · confidence medium
State v. Schulz, 691 N.W.2d 474, 478 (Minn. 2005).
discussed Cited as authority (rule) Ptacek v. Earthsoils, Inc.
Minn. Ct. App. · 2014 · confidence medium
“Unfair prejudice under rule 403 is not merely damaging evidence, even severely damaging evidence; rather, unfair prejudice is evidence that persuades by illegitimate means, giving one party an unfair advantage.” State v. Schulz, 691 N.W.2d 474, 478 (Minn. 2005).
discussed Cited as authority (rule) State v. Barajas
Minn. Ct. App. · 2012 · confidence medium
“Unfair prejudice under rule 403 is not merely damaging evidence, even severely damaging evidence; rather, unfair prejudice is evidence that persuades by illegitimate means, giving one party an unfair advantage.” State v. Schulz, 691 N.W.2d 474, 478 (Minn.2005).
discussed Cited as authority (rule) State v. Hill
Minn. · 2011 · confidence medium
See State v. Pearson, 775 N.W.2d 155, 160 (Minn.2009) (undue prejudice); State v. Schulz, 691 N.W.2d 474, 477 (Minn.2005) (relevance); State v. Spaeth, 552 N.W.2d 187, 193 (Minn.1996) (Spreigl evidence).
discussed Cited as authority (rule) State v. Swinger
Minn. Ct. App. · 2011 · confidence medium
A fact is relevant if, when taken alone or in connection of other facts, [it] warrants a jury in drawing a logical inference assisting, even though remotely, the determination of the issue in question.” State v. Schulz, 691 N.W.2d 474, 478 (Minn. 2005) (citation omitted).
discussed Cited as authority (rule) State v. Hahn
Minn. Ct. App. · 2011 · confidence medium
“Evidence that is probative, though it may arouse the passions of the jury, will still be admitted unless the tendency of the evidence to persuade by illegitimate means overwhelms its legitimate probative force.” State v. Schulz, 691 N.W.2d 474, 478-79 (Minn.2005).
discussed Cited as authority (rule) State v. Pearson (2×)
Minn. · 2009 · confidence medium
State v. Schulz, 691 N.W.2d 474, 477 (Minn.2005).
discussed Cited as authority (rule) State v. Holmes
Minn. Ct. App. · 2008 · confidence medium
In assessing probative value of evidence, the supreme court noted in State v. Schulz that “[e]vi-dence is relevant and has probative value when it, in some degree, advances the inquiry.” 691 N.W.2d 474, 476 (Minn.2005).
discussed Cited as authority (rule) State v. Mahkuk (2×)
Minn. · 2007 · confidence medium
Unfair prejudice results from “evidence [that] persuade[s] by illegitimate means, giving one party an unfair advantage.” State v. Schulz, 691 N.W.2d 474, 478 (Minn.2005).
discussed Cited as authority (rule) State v. Bell
Minn. · 2006 · confidence medium
When balancing the probative value against the potential prejudice, unfair prejudice “is not merely damaging evidence, even severely damaging evidence; rather, unfair prejudice is evidence that persuades by illegitimate means, giving one party an unfair advantage.” State v. Schulz, 691 N.W.2d 474, 478 (Minn.2005).
cited Cited as authority (rule) State v. Wembley
Minn. Ct. App. · 2006 · confidence medium
State v. Schulz, 691 N.W.2d 474, 477 (Minn.2005).
cited Cited as authority (rule) Jerry's Enterprises, Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd.
Minn. · 2006 · confidence medium
State v. Schulz, 691 N.W.2d 474, 477 (Minn.2005).
cited Cited as authority (rule) State v. Bell
Minn. Ct. App. · 2005 · confidence medium
State v. Schulz, 691 N.W.2d 474, 477 (Minn.2005).
examined Cited "see" STATE of Minnesota, Respondent, Appellant, v. Byron David SMITH, Appellant, Respondent (4×) also: Cited "see, e.g."
Minn. · 2016 · signal: see · confidence high
Doe 136 v. Liebsch, 872 N.W.2d 875, 882 (Minn. 2015); see State v. Schulz, 691 N.W.2d 474, 477 (Minn. 2005).
discussed Cited "see" State of Minnesota v. Jonathan Lamont Davis
Minn. Ct. App. · 2015 · signal: see · confidence high
See State v. Schulz, 691 N.W.2d 474, 479 (Minn. 2005) (noting that defendant’s “tone of voice and inflection is evidence” that may be considered by factfinder).
discussed Cited "see, e.g." State v. Fraga
Minn. · 2017 · signal: see also · confidence medium
Evid. 401 (noting.that “relevant evidence” is evidence with “any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence” (emphasis added)); see also State v. Schulz, 691 N.W.2d 474, 478 (Minn. 2005) (stating that evidence is relevant when it “warrants a jury in drawing a logical inference assisting, even though remotely, the determination of the issue in question”).
discussed Cited "see, e.g." State of Minnesota v. Malcolm Todey Cooper
Minn. Ct. App. · 2016 · signal: see also · confidence medium
Evid. 401 (defining relevant evidence); see also State v. Schulz, 691 N.W.2d 474, 478 (Minn. 2005) (stating that evidence is relevant “when taken alone or in connection of other facts, [it] warrants a jury in drawing a logical inference assisting, even though remotely, the determination of the issue in question”). 7 affected substantial rights.
discussed Cited "see, e.g." State v. Atkinson
Minn. · 2009 · signal: see, e.g. · confidence medium
See, e.g., State v. Schulz, 691 N.W.2d 474, 478-79 (Minn.2005) (stating that probative evidence that arouses the passions of the jury will be admitted unless the tendency of the evidence to persuade by “illegitimate means” exceeds its probative value).
STATE of Minnesota, Respondent,
v.
Morgan Michael SCHULZ, Appellant
A03-1883.
Supreme Court of Minnesota.
Feb 3, 2005.
691 N.W.2d 474
John Stuart, State Public Defender, Marie Wolf, Assistant Public Defender, Minneapolis, MN, for Appellant., Mike Hatch, Attorney General, John Ga-lus, Assistant Attorney General, St. Paul, MN, Larry Collins, Waseca County Attorney, Waseca County Courthouse, Waseca, MN, for Respondent.
Anderson.
Cited by 47 opinions  |  Published

OPINION

ANDERSON, G. BARRY, Justice.

Appellant Morgan Michael Schulz was convicted of first-degree felony murder, second-degree intentional murder, and second-degree felony murder, under Minn. Stat. § 609.185(a)(3), MinmStat. § 609.19, subd. 1(1), and Minn Stat. § 609.19, subd. 2(1) (2000), respectively. He was acquitted of first-degree premeditated murder and sentenced to life-imprisonment for first-degree felony murder. No sentences were imposed for the second-degree murder convictions. Schulz now appeals from the judgment of conviction, arguing that the admission of evidence concerning his nickname “Kill” was unfairly prejudicial under Minn. R. Evid. 403. We 'affirm.

On Thursday, August 2, 2001, Schulz, his girlfriend, Megan Striemer, and Erica Boerner drove from Fairmont to Waseca to meet Tyler Janovsky and Janovsky’s girlfriend Jamie Siem. These five individuals drove to Rickey Buker’s apartment building. Although accounts of the -witnesses varied, two individuals testified that Schulz wanted to purchase marijuana from Buker. Striemer testified that she heard Janovsky mention to Schulz that Buker might have a stack of money sitting on a table in his apartment (Buker had won a total of $200, paid in $1 bills, at bingo on the nights of July 25 and August 1). Ja-novsky noticed the stack of cash at Buker’s apartment during a social visit on July 29.

Schulz entered Buker’s apartment building alone. After approximately a half hour, wondering why Schulz was taking so long to return, Boerner and Striemer went into the apartment building and knocked on Buker’s door. Buker answered, but according to Boerner’s testimony, told them that Schulz was not there. After waiting a while longer in the car, Boerner, Striemer, Janovsky and Siem began driving around Waseca looking for Schulz. They found Schulz about a half hour later. Boerner testified that Schulz’s hand was bleeding when he got back in the car.

Over the course of the next few hours, Schulz disclosed possession of a film canister containing a quantity of marijuana similar to a film canister previously used by Buker for this purpose, a pink metallic marijuana pipe resembling Buker’s pipe, and a “bunch” of one dollar bills. Siem and Janovsky stayed with Schulz that evening, watching movies and drinking. Siem testified that as the evening progressed, Schulz began making admissions. Schulz told Siem and Janovsky that, after arriving at Buker’s apartment, he had smoked marijuana at the kitchen table with Buker. Schulz then stated he went into the bath[*477] room and retrieved a tie from a- bathrobe'. He then went back to Buker and wrapped the bathrobe tie around Buker’s neck, demanding to know where the money was. When Buker said he had none, Schulz choked him until Buker fell to the ground. Schulz claimed that Buker attempted to get up, but Schulz punched him. Janovsky also testified that Schulz told him that he had tied Buker up with a piece from a bathrobe, punched him, and knocked him out.

On August 3, a regular marijuana customer went to Buker’s apartment seeking to purchase marijuana. After several previous attempts, the customer knocked on the apartment door, opened the unlocked door, entered, and found Buker lying dead on the floor. When police arrived on the scene, they found Buker with a bathrobe tie wrapped twice around his neck and tied with a half-hitch knot. There was blood on the tie. A forensic pathologist from the Ramsey County Medical Examiner’s office determined the cause of death to be asphyxia due to ligature strangulation. The forensic pathologist testified that a fair amount of force was used to strangle Buker, and that the attacker probably strangled him for at least thirty seconds and possibly up to a couple of minutes. The examiner also observed signs of blunt trauma consistent with injury sustained from a human fist.

Before his arrest, Schulz made further incriminating admissions to a number of persons, describing his robbery of and assault on Buker. Two of these persons reported these admissions to police. Several of these persons testified at Schulz’s trial, but no witness testified that Schulz seriously admitted to killing Buker.

On about August 6, Schulz telephoned a friend incarcerated at the Martin County jail and left a voicemail message. On the recording, Schulz said, “Man, it’s Kill. Remember that robbery that I was talkin’ about? You know, where shit just gets crazy. Yeah, Kill lived up to his name. Ha!” Schulz also has a tattoo of the word “Kill” on his stomach. Schulz was arrested on August 9, 2001.

Prior to trial, the state sought the permission of the district court to introduce the message Schulz left on the Martin County Jail voicemail system. In order to provide context and explain the voicemail message, the state also sought to introduce a photograph of a tattoo on appellant’s stomach of the word “Kill.” The defense objected, arguing that the evidence was extremely prejudicial, and was essentially character evidence. The district court admitted the evidence. Schulz was convicted.

The single issue on appeal is whether the district court abused its discretion in allowing the introduction of the voicemail message and the photograph of the “Kill” tattoo.

I

Rulings concerning the admissibility of evidence under Minn. R. Evid. 403 are within the discretion of the district court, and will only be reversed for a clear abuse of that. discretion. State v. Ashby, 567 N.W.2d 21, 25 (Minn.1997). The district court has a wide range of discretion in determining the relevancy of evidence. State v. Swain, 269 N.W.2d 707, 714 (Minn.1978). . Further, on direct appeal, we must find actual prejudice to the defendant’s case in order to reverse the district court and provide relief. See State v. Ebert, 346 N.W.2d 350, 351 (Minn.1984) (holding that even when evidence is admitted erroneously, a reversal is not required unless the evidence actually prejudiced the defense).

[*478] Schulz contends that the probative value of the taped voicemail message and the photograph of the tattoo is outweighed by the danger of unfair prejudice and by the consideration of needless presentation of cumulative evidence.

Minn. R. Evid. 403 states:

Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

The rule favors admission of relevant evidence, as the probative value of the evidence must be “substantially” outweighed by prejudice, confusion of the issues, and the other dangers listed in the rule. See Minn. R. Evid. 403.

We begin by analyzing the probative value of the disputed evidence. Evidence is relevant and has probative value when it, in some degree, advances the inquiry. State v. Carlson, 268 N.W.2d 553, 559 (Minn.1978). A fact is relevant if, when taken alone or in connection of other facts, warrants a jury in drawing a logical inference assisting, even though remotely, the determination of the issue in question. State v. Upson, 162 Minn. 9, 12-13, 201 N.W. 913, 914 (1925); State v. Lee, 282 N.W.2d 896, 901 (Minn.1979) (“Any evidence that logically tends to prove or disprove a material fact in issue is relevant.”). The convincing power of that inference is for the jury to determine. Upson, 162 Minn. at 12-13, 201 N.W. at 914. There is no question that the voicemail evidence is probative of a material fact — it is an implied admission of guilt by the appellant, and directly advances the inquiry in forceful way.

The photograph of the tattoo is relevant and has probative value because it helps to identify appellant as the individual whose voice is heard on the tape. Photographs are admissible whenever they “accurately portray anything which it is competent for a witness to describe in words” and are not rendered inadmissible merely because they “incidentally tend to arouse passion or prejudice.” State v. DeZeler, 230 Minn. 39, 46, 41 N.W.2d 313, 319 (1950), reh’g denied, (Minn. March 6, 1950) (emphasis omitted). When a photograph is not misleading and is properly illustrative, the rule is liberally construed in favor of admission of the disputed evidence; the decision to admit the evidence is within the broad discretion of the district court. See State v. Dame, 670 N.W.2d 261, 264 (Minn. 2003). Here, the jury may properly and logically infer a connection between the photograph and the voicemail evidence. A photograph of an identifying mark on the defendant’s body is identification evidence of a different kind and character than the testimony that was introduced by witnesses, and has direct probative force.

The district court did not abuse its discretion when it found that the probative value of the evidence was not substantially outweighed by the danger of unfair prejudice. Unfair prejudice under rule 403' is not merely damaging evidence, even severely damaging evidence; rather, unfair prejudice is evidence that persuades by illegitimate means, giving one party an unfair advantage. State v. Cermak, 365 N.W.2d 243, 247 n. 2 (Minn.1985) (quoting 22 Charles A. Wright Kenneth W. Graham, Federal Practice and Procedure-Evidence § 5215 at 274-75 (1978)); State v. Axford, 417 N.W.2d 88, 92 (Minn.1987), reh’g denied (Minn. Jan. 15, 1988). Even highly damaging evidence is nonetheless admissible when it is relevant and highly probative of a material issue of fact. State v. Yang, 644 N.W.2d 808, 817 (Minn.2002). Evidence that is probative, though it may[*479] arouse the passions of the jury, will still be admitted unless the tendency of the' evidence to persuade by illegitimate means overwhelms its legitimate probative force. See, e.g., Cermak, 365 N.W.2d at 246^17 (affirming the admission of photographs of child sexual abuse when the pictures significantly strengthened the states case against the defendant).

Here, while it is clear the voice mail message had a devastating impact on the defendant’s case, principally because a confession recorded in the defendant’s own voice is highly incriminating, there is no support in the record for the assertion by Schulz that introduction of such a confession is evidence giving one party an unfair advantage.

The photograph, on the other hand, arguably carries a slightly greater risk of unfair prejudice than the voicemail recording, but we conclude that the slightly greater risk of prejudice does not “substantially” outweigh the probative value of the photograph to the extent that admitting the evidence was an abuse of the district court’s discretion. The photograph had probative value because it established a link between the defendant’s nickname and the defendant and while it may have aroused emotions not favorable to the defendant, it did not constitute persuasion by illegitimate means. See State v. Ferguson, 581 N.W.2d 824, 834-35 (Minn.1998), reh’g denied (Minn. Aug. 3, 1998) (holding that while gang graffiti photographs and police testimony as to its meaning may have been highly prejudicial, both were admissible because they were highly probative of motive).

II

Schulz next contends that the voi-cemail message and photograph constitute needless presentation of cumulative evidence, and that therefore the district court abused its discretion by admitting them. Schulz argues that because alternative evidence that does not carry a danger of prejudice was admitted, the marginal probative value of evidence that carries even a small danger of prejudice is slight or nonexistent. See United States v. Layton, 767 F.2d 549, 556 (9th Cir.1985). This contention does not apply here, however, because the evidence at issue is probative of material facts in ways unique and distinct from the other evidence in the case. The voice-mail evidence is uniquely probative because, despite considerable damaging testimony heard at trial, no witness testified to a genuine admission of guilt on the part of Schulz. Only in the voicemail message does the appellant himself imply that he actually killed Rickey Buker. Moreover, the witness testimony regarding Schulz’s admissions was subject to impeachment on cross-examination, whereas the voicemail is an admission in the defendant’s own voice, and was not subject to impeachment. Furthermore, a defendant’s tone of voice and inflection is evidence the jury can use to form an impression of the defendant’s state of mind after the crime, and give the jury some clue as to his intent. The photograph confirms the identity of the confessor, corroborating other evidence as to Schulz’s nickname.

Rulings on the admissibility of evidence, including whether evidence is improperly cumulative, are committed to the sound discretion of the district court. See, e.g., State v. Martin, 614 N.W.2d 214, 225 (Minn.2000); State v. Olkon, 299 N.W.2d 89, 101 (Minn.1980), cert. denied, 449 U.S. 1132, 101 S.Ct. 954, 67 L.Ed.2d 119 (1981) (holding that rulings under rule 403 are committed to the sound discretion of the district court); Colby v. Gibbons, 276 N.W.2d 170; 175 (Minn.1979), reh’g denied (Minn. Mar. 13, 1979); Hiedeman v. Hiedeman, 290 Minn. 210, 217, 187 N.W.2d[*480] 119, 124 (1971). Here, we conclude that the district court did not abuse its discretion in admitting the alleged evidence because of its cumulative nature when, at the very worst, the evidence was only marginally repetitive and it was highly probative.

Because the decision to admit evidence against a claim that its probative value is substantially outweighed by the danger of unfair prejudice is within the discretion of the district court, and because the district court did not abuse its discretion, we affirm.

Affirmed.