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FOGARTY v. STATE

No. S98G0916.

513 S.E.2d 493 (1999)

270 Ga. 609

FOGARTY v. The STATE.

Supreme Court of Georgia.

March 8, 1999.

Attorney(s) appearing for the Case

Randolph Gregory Rich, Rich & Smith, P.C., David Leroy Whitman, Lawrenceville, for Mark Joseph Fogarty.

Daniel J. Porter, Dist. Atty., Lawrenceville, for the State.

John Carswell Pridgen, Dist. Atty., Cordele, Joseph L. Chambers, Sr., Smyrna, Gregory R. Sturtevant, Asst. Dist. Atty., Jonesboro, Nicholas A. Lotito, Davis, Zipperman, Kirschenbaum & Lotito, Atlanta, Daniel A. Summer, Elizabeth Bedore Reisman, Summer & Summer, Gainesville, amici curiae.

CARLEY, Justice.

Mark Joseph Fogarty was arrested and charged with kidnapping, aggravated assault, simple battery and nine counts of stalking. Acting without Fogarty's knowledge, his wife entered into an agreement to pay defense counsel's $25,000 fee in advance, but it was further agreed that, if the charges were dismissed and a new suspect identified, then the fee would be reduced to $10,000. The charges against Fogarty...

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