Success Stories

Horace Peterson’s journey through the Michigan justice system is a reminder that while the law can be a powerful tool for justice, it can also be an unyielding barrier. After being convicted of first-degree felony murder in 1973, Peterson spent 52 years in prison for a crime he didn’t commit. It’s a tragic outcome stemming from a legal principle that was later deemed unconstitutional but that change in the law was not retroactively applied to Peterson. His case highlights a somber truth: justice delayed is often justice denied, especially for those without the resources to fight in court. Justice should not only be for the privileged few, it must be for all.

In 1973, Peterson, a young Black man in Flint, was convicted after a bench trial for a murder committed by an accomplice during a robbery. During the robbery, Peterson was in a separate room and prevented his accomplice from killing the business owner, an innocent witness. The law at the time held him equally culpable for the murder under the felony murder rule. This rule, however, was fundamentally altered in 1980 by the Michigan Supreme Court’s landmark decision in People v. Aaron.

In People v. Aaron, the Court noted,

If one had to choose the most basic principle of the criminal law in general … it would be that criminal liability for causing a particular result is not justified in the absence of some culpable mental state in respect to that result …

The court ruled that a murder conviction required proof of intent (mens rea). The Court held that malice is an essential element for any murder charge and defined malice as, “the intention to kill, the intention to do great bodily harm, or the wanton and willful disregard of the likelihood that the natural tendency of defendant’s behavior is to cause death or great bodily harm.” The Court, however, chose not to make the rule retroactive stating in their opinion, “This decision shall apply to all trials in progress and those occurring after the date of this opinion.” The Court’s analysis made it clear that Peterson’s convictions violated the most basic principles of criminal law and yet chose not to provide him with a means of relief. Peterson’s appeals were repeatedly denied, leaving him to serve a life sentence for a crime that, by the state’s own admission, he didn’t intend to commit.

After decades of appeals were exhausted, Peterson’s family turned to former Judge Archie L. Hayman to seek a pardon. When Hayman joined our law firm, he brought Peterson’s file with him, enlisting the help of myself and Attorney Scott Bigger. Together, we began a renewed fight for his freedom. Our legal team saw a new opportunity in the Michigan Supreme Court case People v. Taylor, which was considering whether to extend the principles of Miller v. Alabama , to young adults to 19 years of age. Peterson was outside that age range, but our legal team hoped a broader ruling on cruel and unusual punishment might create a path to his release. Peterson’s

1. People v. Aaron, 409 Mich 672; 299 NW2d 304 (1980)
2. People v. Aaron, 409 Mich at 708, quoting Gegan, Criminal Homicide in the Revised New York Penal Law, 12 NY L Forum 565, 586 (1966).
3. People v. Aaron, 409 Mich at 728.
4. People v. Aaron, 409 Mich at 734.
5. People v. Taylor, _Mich_; _NW3d_ (2025)
6. Miller v. Alabama, 567 US 460; 132 S Ct 2455 (2012)

accomplice had already been freed after People v. Parks extended Miller protections to those up to 18 years old in the State of Michigan.

During this time, the Peterson family launched their own public crusade. Peterson’s daughter and grandson, prominent ESPN sportswriter Eric Woodyard, worked tirelessly to bring his story to a national audience. Their efforts, amplified by articles in The New York Times and local coverage from news outlets, created a groundswell of community support in Flint. This public attention, and the powerful story of a man who served a lifetime for a non-violent role in a crime, caught the attention of Genesee County Prosecutor David Leyton. Known for his commitment to fairness, Prosecutor Leyton began discussions with me on a fair resolution that sought justice for Peterson, but also the victim and her family.

Recognizing the injustice of the situation, we decided to work together to find a solution. With the looming Taylor decision as a backdrop, we reached a unique agreement with Prosecutor Leyton. Peterson would have his first-degree murder conviction set aside and, in turn, plead no contest to a charge of second-degree murder. The sentence would be for a term of years, with the maximum not exceeding the 52 years he had already served. Judge Brian Pickell then signed off on the agreement, and the following day, Peterson walked out of confinement, free for the first time in over half a century. He now lives with his daughter, beginning the difficult process of readjusting to a world that had moved on without him.

The case of Horace Peterson is a testament to the idea that even in an adversarial legal system, justice can prevail when people are willing to put fairness above procedure. The collaboration of the late Judge Hayman, Attorney Scott Bigger, Prosecutor David Leyton and myself was instrumental in correcting a grave injustice. Our work, guided by a sense of fairness and humanity, ultimately gave Horace Peterson his freedom after 52 years. His story serves as a powerful reminder of how the law can fail, but also of how the people within the legal profession can work together to restore faith in its promise.

People v. Parks, 510 Mich 225; 987 NW2d 161 (2022)
People v. Aaron, 409 Mich 672; 299 NW2d 304 (1980)
People v. Taylor, ___Mich____; _____ NW3d____ (2025)
Miller v. Alabama, 567 US 460; 132 S Ct 2455 (2012)
People v. Parks, 510 Mich 225; 987 MW2d 161 (2022)