State of Ala. v. Stephens

MEMORANDUM OPINION AND ORDER

ALBRITTON, District Judge.

This case is before the court on the Motion to Remand to state court filed by the defendant, Nimrod Stephens, Jr. For the reasons given hereafter, the court finds that the motion is well taken, and the ease is due to be remanded.

FACTUAL BACKGROUND

This involves a criminal case pending in the Circuit Court of Lee County, Alabama. When the case was set for trial, the attorney for the defendant issued a subpoena to Dr. David Lipton, an employee of the United States Department of Veterans Affairs (“VA”), directing him to appear and testify in…