Joseph Waites was a young African American student-manager of the Calumet High School football team in Chicago who was shot dead on October 28, 1993. The shooting happened during a street altercation between members of the team and local gang members; Waites was caught in the crossfire when the confrontation turned violent.

Clarence Gardner, who admitted gang membership, was arrested and convicted of first-degree murder under a theory of accountability. Prosecutors said Gardner punched and kicked Waites, incited others to bust him, and acted as the leader on the scene; he received a 35-year sentence. Illinois appellate courts upheld the conviction and the Illinois Supreme Court denied leave to appeal.

Gardner later pursued federal habeas relief, arguing the trial court erred by denying a continuance for his only fact witness and by limiting questioning of jurors about gang bias; the Seventh Circuit found those errors violated due process and directed that a writ issue unless the State provided a new trial within 120 days.