Ernest Baker, III v. Rick Coursey

MEMORANDUM

Oregon state prisoner Ernest H. Baker, III, appeals the district court’s judgment dismissing as untimely Baker’s second 28 U.S.C. § 2254 habeas petition challenging his 2005 conviction, by no contest plea, for the second degree murder of his infant son. We affirm.

Baker has failed to demonstrate “actual innocence” for purposes of excusing procedural default of his habeas claims under Schlup v. Delo, 513 U.S. 298 , 115 S.Ct. 851 , 130 L.Ed.2d 808 (1995). To support his claim of innocence, Baker submitted evidence purportedly establishing that (1) Baker’s blood was not found on the murder weapon, victim, or at the site of the murder; (2) the victim’s blood was found on the clothes of the victim’s mother; (3) the victim’s mother made inconsistent statements regarding the events surrounding the murder; (4) in an earlier incident, the victim’s mother attempted to smother the victim with a pillow; and (5) the police engaged in misconduct during the resulting homicide investigation, including coercing Baker to make incriminating statements by denying him rest, food, and water during questioning until he confessed to the murder. None of this evidence establishes that…