Potter Stewart,
Harris v. Nelson — Dissent
“ 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. ”
