# Ralph Buelow v. Walter Dickey, Carol Buelow v. Walter Dickey

> Court of Appeals for the Seventh Circuit · October 12, 1988 · 847 F.2d 420

URL: https://www.frixlaw.com/law-library/cases/9477679

## Case

- **Full name:** Ralph BUELOW, Petitioner-Appellant, v. Walter DICKEY, Respondent-Appellee; Carol BUELOW, Petitioner-Appellant, v. Walter DICKEY, Respondent-Appellee
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** October 12, 1988
- **Citations:** 847 F.2d 420
- **Precedential status:** Published
- **Opinion:** Concurrence by Ripple
- **Judges:** Easterbrook, Ripple, Grant
- **Cited by:** 72 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9477679

## How later opinions describe it (automated extraction)

- discussing requirements of Wis. Stat. § 808.10 and instructing federal courts to “respect a state court’s finding of waiver or procedural default under its own laws”

## Opinion text

RIPPLE, Circuit Judge,
concurring.
I join the judgment of the court. Like my brothers, I believe that the procedural default issue here is governed by the “cause and prejudice” test of Wainwright v. Sykes, 433 U.S. 72 , 97 S.Ct. 2497 , 53 L.Ed.2d 594 (1977). See Johnson v. United States, 838 F.2d 201, 206-07 (Ripple, J., concurring). Counsel’s error here was the kind of “simple inexcusable neglect” that the court has held does not constitute “cause.” See Nutall v. Greer, 764 F.2d 462, 464 (7th Cir.1985). On this basis, I *430 join the court in holding that the district court was obliged to dismiss the petition for habeas corpus.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9477679. Public record. Not legal advice.