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GARDNER v. BARNETT

No. 98-1314.

175 F.3d 580 (1999)

Clarence GARDNER, Petitioner-Appellant, v. Paul BARNETT, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 4, 1999.

Attorney(s) appearing for the Case

Jeff S. Pitzer (argued), Jenner & Block, Chicago, IL, for Petitioner-Appellant.

Courtney D. Carter (argued), Office of the Attorney General, Criminal Appeals Division, Chicago, IL, for Respondent-Appellee.

Before BAUER, CUDAHY and ROVNER, Circuit Judges.

CUDAHY, Circuit Judge.

Joseph Waites, the student-manager of the Calumet High School football team in Chicago, was shot dead when he and other members of the football team got into a street scuffle with local gang members. A jury convicted Clarence Gardner of the first degree murder of Waites, and he was sentenced to 35 years in prison. Gardner, a self-professed gang member, was tried on a theory of accountability. At trial, the jury heard that, while Gardner neither...

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