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STATE v. LANE

No. 06-0024.

743 N.W.2d 178 (2007)

STATE of Iowa, Appellee, v. James Donald LANE, Appellant.

Supreme Court of Iowa.

December 28, 2007.

Attorney(s) appearing for the Case

Mark C. Smith, State Appellate Defender, and Martha J. Lucey, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Richard J. Bennett, Assistant Attorney General, Brent D. Heeren, County Attorney, and Richard Vander Mey, Assistant County Attorney, for appellee.

STREIT, Justice.

We are asked to determine whether James Lane threatened to commit terrorism while in police custody. We find Lane could not have been guilty of the threat of terrorism when he made menacing statements to the sheriff while in custody because there was no reasonable possibility he would imminently act on those threats. It was error to deny Lane's motion for judgment of acquittal for the threat-of-terrorism charge. However, there was sufficient...

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