United States v. Robert Eugene Mills, United States of America v. Richard Raymond Pierce

Facts and Procedural Background

On August 22, 1979, Thomas Hall was stabbed to death at Lompoc prison. The following day, after being questioned about the murder, appellants Mills and Pierce were placed in administrative segregation. They remained there until they were arraigned on April 21, 1980, an eight-month period in which prison officials prevented them from communicating with anyone outside the unit in which they were confined.

On March 27,1980, Mills and Pierce were indicted for first degree murder, in violation of 18 U.S.C. § 1111 , and conveyance of a weapon in prison, in violation of 18 U.S.C. § 1792 . Pierce was also indicted for assault, in violation of 18 U.S.C. § 113 (c). Before trial, the district court dismissed the charges, holding that prison officials had deprived appellants of their right to counsel, a speedy trial, and due process by placing them in administrative segregation for eight months before arraignment.

On appeal a panel of this court reversed and remanded for trial. United States v. Mills, 641 F.2d 785 (9th Cir.), cert. denied, 454 U.S. 902 , 102 S.Ct. 409 , 70 L.Ed.2d 221 (1981). We held that the right to counsel and a speedy trial did not…