Of course, in Miller the feds went ahead with the case even though the defendant was dead, with predictable results.
Yeah, I think they are trying to pull another Miller by withholding medications, etc. from him. I bet they are hoping he will die of "natural causes" so that they will get away with another one.
No he wasn't dead. Neither he, nor Layton the other person charged in the original case, were deceased. They weren't represented at the Supreme Court, but they weren't dead at the time the Court considered the case, but Miller was killed, .45 in hand, just days before the decision was released. Layton plea bargained on the original charge, and was given probation, which he successfully served out.