Between the quashing of the original indictment and the Supreme Court's reinstatement of it. I don't know exactly when, but you must recognize that at the time of the Supreme Court decision neither Miller or Layton was even under indictment.
IIRC, Miller was found dead following an apparent gun battle; he had fired a few rounds from a .45 he had on his person. Who knows--if he'd still had his shotgun he might have survived that battle.