IN THE COURT OF APPEALS OF IOWA
No. 9-813 / 09-0448
Filed November 12, 2009
MARK EMERSON WILLEY,
STATE OF IOWA,
Appeal from the Iowa District Court for Jackson County, Charles H.
Mark Willey appeals from the denial of his application for postconviction
Mark Willey, Anamosa, pro se.
Thomas J. Miller, Attorney General, Mary E. Tabor and James E. Kivi,
Assistant Attorneys General, and Chris Raker, County Attorney, for appellee
Considered by Potterfield, P.J., Mansfield, J., and Mahan, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2009).
I. Background Facts and Proceedings
The facts of this case, as summarized on direct appeal, are as follows:
[Mark] Willey‟s sister, Emelie Harmon, ended her shift at
work at nine o‟clock in the morning and walked home. Upon
arriving home, she unlocked and opened the back doors, and stood
in the doorway trying to coax her cat into the house. As Harmon
was standing in the doorway, Willey jumped out of the butler‟s
pantry in the kitchen and rushed at Harmon, pointing a stun gun
towards her head. Harmon attempted to flee but was attacked by
Willey on the patio outside the back door. Willey stabbed Harmon
multiple times, covered her with a tarp, then took her keys and
locked her house. Harmon made her way to the street where a
motorist stopped to assist. After being driven by ambulance to a
nearby emergency room, Harmon was taken by air ambulance to
the University Hospital in Iowa City. Shortly after the incident
occurred, Willey was arrested. He had a knife in his pocket and
was carrying a bag that contained a stun gun, Harmon‟s keys, a
screwdriver, a pry bar, rope, plastic wrap, and other incriminating
items. Willey also had multiple bloodstains on his clothes.
Willey was charged with attempted