Harris v. Nelson/Dissent Stewart

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934571Harris v. Nelson — DissentPotter Stewart
Court Documents
Case Syllabus
Opinion of the Court
Dissenting Opinions
Black
Stewart

United States Supreme Court

394 U.S. 286

Harris  v.  Nelson

 Argued: Dec. 9, 1968. --- Decided: March 24, 1969


Mr. Justice STEWART, dissenting.

I concur with most of what is said in the Court's opinion, but cannot concur in its judgment.

I wholly agree that Rule 33 is inapplicable to habeas corpus proceedings. Contrary to my Brother HARLAN, I further agree that federal judges in carrying out their duty to dispose of habeas corpus applications 'as law and justice require,' 28 U.S.C. § 2243, should not be inhibited by inflexibly formalized procedural rules. In getting at the facts in such cases, the district courts should be given wide leeway for 'discretion to exercise their common sense.' Machibroda v. United States, 368 U.S. 487, 495, 82 S.Ct. 510, 514, 7 L.Ed.2d 473.

However, for the reasons stated in Mr. Justice Harlan's dissenting opinion today in Kaufman v. United States, 394 U.S. 217, 242, 89 S.Ct. 1068, 1082, 22 L.Ed.2d 227, which I have joined, I would affirm the judgment in the present case.

Notes

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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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