Reinhardt v. State, 428 S.E.2d 333 (Ga. 1993). · Go Syfert
Reinhardt v. State, 428 S.E.2d 333 (Ga. 1993). Cases Citing This Book View Copy Cite
130 citation events (67 in the last 25 years) across 2 distinct courts.
Strongest positive: Humphrey v. Riley (ga, 2012-09-10) · Strongest negative: Simmons v. State (ga, 1996-02-12)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 50 distinct citers.
examined Cited "but see" Simmons v. State (4×)
Ga. · 1996 · signal: but cf. · confidence high
But cf. Reinhardt v. State, 263 Ga. 113 , 428 S.E.2d 333 (1993) (where charge on reckless conduct required in felony murder case as a lesser included offense of arson).
discussed Cited as authority (rule) Humphrey v. Riley
Ga. · 2012 · confidence medium
In his cross-appeal, Riley argues that his trial counsel rendered ineffective assistance by not arguing more effectively that Riley was entitled to a charge on reckless conduct and involuntary manslaughter under the authority of Reinhardt v. State, 263 Ga. 113, 113-114 (2) ( 428 SE2d 333 ) (1993), overruled on other grounds by Vergara v. State, 283 Ga. 175, 177-178 (1) ( 657 SE2d 863 ) (2008).
discussed Cited as authority (rule) Inman v. State
Ga. Ct. App. · 2009 · confidence medium
Under the provisions of OCGA § 24-3-50, “[t]o make a confession admissible, it must have been made voluntarily, without being induced by another by the slightest hope of benefit or remotest fear of injury.” We note that Inman’s reliance on the nine-factor analysis for determining the voluntariness of his statement as set forth in Reinhardt v. State, 263 Ga. 113, 115 (3) (b) ( 428 SE2d 333 ) (1993), is misplaced.
discussed Cited as authority (rule) Axelburg v. State
Ga. Ct. App. · 2008 · confidence medium
J., and Johnson, P. J., concur. 1 See generally Smith v. State, 284 Ga. 33, 34-36 (2) ( 663 SE2d 155 ) (2008) (discussing sleepwalking defense to criminal offense). 2 See Lively v. State, 262 Ga. 510, 512 (3) ( 421 SE2d 528 ) (1992). 3 Reinhardt v. State, 263 Ga. 113, 114 (3) (a) ( 428 SE2d 333 ) (1993) (citation omitted), overruled in part on other grounds, Vergara v. State, 283 Ga. 175 ( 657 SE2d 863 ) (2008). 4 Bass v. State, 282 Ga. App. 159, 160 (2) ( 637 SE2d 863 ) (2006). 5 Foster v. State, 258 Ga. App. 601, 603 (2) ( 574 SE2d 843 ) (2002) (footnote omitted). 6 State v. Wintker, 223 Ga.…
discussed Cited as authority (rule) Dean v. State
Ga. Ct. App. · 2008 · confidence medium
Under the provisions of OCGA § 24-3-50, “[t]o make a confession admissible, it must have been made voluntarily, without being induced by another by the slightest hope of benefit or remotest fear of injury.” Dean’s reliance on the nine-factor analysis for determining the voluntariness of his statement as set forth in Reinhardt v. State, 263 Ga. 113, 115 (3) (b) ( 428 SE2d 333 ) (1993), is misplaced.
discussed Cited as authority (rule) Vergara v. State (2×)
Ga. · 2008 · confidence medium
Applying the nine factors found in Reinhardt v. State, 263 Ga. 113, 115 (3) (b) ( 428 SE2d 333 ) (1993), the State also argues that Vergara’s statements were voluntary under the totality of the circumstances.
discussed Cited as authority (rule) Anaya-Plasencia v. State
Ga. Ct. App. · 2007 · confidence medium
Significantly, Anaya-Plasencia, who did not testify at the hearing and offered no other evidence, failed to show how the alleged Article 36 violation rendered his statement involuntary. “[W]hether a waiver of rights and a subsequent statement have been voluntary and knowing depends on the totality of the circumstances.” Reinhardt v. State, 263 Ga. 113, 115 (3) (b) ( 428 SE2d 333 ) (1993).
examined Cited as authority (rule) Moyer v. State (3×) also: Cited "see"
Ga. Ct. App. · 2005 · confidence medium
Reinhardt v. State, supra, 263 Ga. at 115 (3) (b).
discussed Cited as authority (rule) Garlington v. State
Ga. Ct. App. · 2004 · confidence medium
Should any judge violate this Code section, the violation shall be held by the Supreme Court or Court of Appeals to be error and the decision in the case reversed, and a new trial granted in the court below with such directions as the Supreme Court or Court of Appeals may lawfully give. 26 (Footnote omitted.) Brown v. State, 246 Ga. App. 517, 522 (8) ( 541 SE2d 112 ) (2000). 27 Id. 28 (Citation omitted.) Lowery v. State, 260 Ga. App. 260 ( 581 SE2d 593 ) (2003). 29 Lovelace v. State, 241 Ga. App. 774, 775 (3) ( 527 SE2d 878 ) (2000). 30 See Green v. State, 240 Ga. App. 650, 652-653 (3) ( 523 S…
discussed Cited as authority (rule) McDougal v. State
Ga. · 2004 · confidence medium
All the Justices concur. 1 Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966). 2 Lee v. State, 270 Ga. 798, 802 (7) ( 514 SE2d 1 ) (1999), quoting Vansant v. State, 264 Ga. 319, 320 (1) ( 443 SE2d 474 ) (1994). 3 See Miranda v. Arizona, 384 U. S. at 479 ; Reinhardt v. State, 263 Ga. 113, 114 (3) (a) ( 428 SE2d 333 ) (1993). 4 Hardin v. State, 269 Ga. 1, 2 (2) ( 494 SE2d 647 ) (1998). 5 See Hodges v. State, 265 Ga. 870, 872 (2) ( 463 SE2d 16 ) (1995); Lobdell v. State, 256 Ga. 769, 773 (6) ( 353 SE2d 799 ) (1987) (Miranda applies to a person “taken into custody or otherwise de…
discussed Cited as authority (rule) State v. Wilson
Ga. Ct. App. · 2002 · confidence medium
Barraco v. State, 244 Ga. App. 849 ( 537 SE2d 114 ) (2000). 2 Reinhardt v. State, 263 Ga. 113, 114 (3) (a) ( 428 SE2d 333 ) (1993). 3 State v. Hendrix, 221 Ga. App. 331, 333 (1) ( 471 SE2d 277 ) (1996). 4 Hadley v. State, 235 Ga. App. 737, 738 ( 510 SE2d 569 ) (1998). 5 Hodges v. State, 265 Ga. 870, 872 (2) ( 463 SE2d 16 ) (1995). 6 Kunis v. State, 238 Ga. App. 323 ( 518 SE2d 725 ) (1999). 7 Stansbury v. California, 511 U. S. 318, 323 (114 SC 1526, 128 LE2d 293) (1994). 8 Turner v. State, 233 Ga. App. 413, 414 (1) (a) ( 504 SE2d 229 ) (1998).
discussed Cited as authority (rule) Blackford v. State
Ga. Ct. App. · 2001 · confidence medium
Ruffin and Ellington, JJ., concur. 1 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Smith v. State, 231 Ga. App. 677, 678-679 (1) ( 499 SE2d 663 ) (1998). 2 See Clark v. State, 271 Ga. 27, 29 (2) ( 518 SE2d 117 ) (1999). 3 See Smith, supra; Brown v. State, 225 Ga. App. 218, 219 ( 483 SE2d 633 ) (1997). 4 See Koritta v. State, 263 Ga. 703, 704 ( 438 SE2d 68 ) (1994). 5 Turner v. State, 262 Ga. 359, 361 (2) (c) ( 418 SE2d 52 ) (1992). 6 OCGA § 16-2-2. 7 Davis v. State, 269 Ga. 276, 279 (3) ( 496 SE2d 699 ) (1998). 8 See id. 9 Brooks v. State, 262 Ga. 187, 188 (3) ( 415 SE2…
cited Cited as authority (rule) Mosely v. State
Ga. Ct. App. · 2001 · confidence medium
Reinhardt v. State, 263 Ga. 113, 115 (3) (b) ( 428 SE2d 333 ) (1993).
cited Cited as authority (rule) Kelly v. State
Ga. Ct. App. · 2001 · confidence medium
Reinhardt v. State, 263 Ga. 113, 115 (3) (b) ( 428 SE2d 333 ) (1993).
discussed Cited as authority (rule) Franklin v. State
Ga. Ct. App. · 2001 · confidence medium
In State v. Roberts, 273 Ga. 514 ( 543 SE2d 725 ) (2001), it cites Reinhardt a State, 263 Ga. 113, 115 (3) (b) ( 428 SE2d 333 ) (1993), for the application of the Riley factors to an adult’s confession.
cited Cited as authority (rule) State v. Roberts
Ga. · 2001 · confidence medium
Reinhardt v. State, 263 Ga. 113, 115 (3) (b) ( 428 SE2d 333 ) (1993).
cited Cited as authority (rule) Grier v. State
Ga. · 2001 · confidence medium
Reinhardt v. State, 263 Ga. 113, 115 (3) (b) ( 428 SE2d 333 ) (1993).
discussed Cited as authority (rule) Moss v. State
Ga. Ct. App. · 2000 · confidence medium
Pope, P. J., and Miller, J., concur. 268 Ga. 108, 110 (1) ( 485 SE2d 492 ). [W]hile deceit may not on its own render a statement inadmissible (where not calculated to procure an untrue statement), we hold that in looking to the totality of the circumstances, see Reinhardt v. State, 263 Ga. 113, 115 (3) (b) ( 428 SE2d 333 ) (1993), the employment of deceit may result in the inadmissibility of a statement in those situations where the particular deception used, by constituting a “slightest hope of benefit or remotest fear of injury” under OCGA § 24-3-50, has induced a party to confess, ther…
discussed Cited as authority (rule) Phagan v. State
Ga. Ct. App. · 2000 · confidence medium
Pope, P. J, and Miller, J., concur. 1 OCGA § 16-7-1. 2 “Under Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1969), persons must be advised of their rights with respect to interrogation after being taken into custody or otherwise deprived of their freedom in any significant way. 384 U. S. at 444 .” Reinhardt v. State, 263 Ga. 113, 114 (3) (a) ( 428 SE2d 333 ). 3 Brenneman v. State, 200 Ga. App. 111, 113 (1) ( 407 SE2d 93 ) (“If an accused volunteers a noncoerced statement then it is not necessary to invoke the tests which only apply to information obtained as a result of i…
cited Cited as authority (rule) Kunis v. State
Ga. Ct. App. · 1999 · confidence medium
(Citation omitted.) Reinhardt v. State, 263 Ga. 113, 115 (3) (b) ( 428 SE2d 333 ) (1993).
cited Cited as authority (rule) Hadley v. State
Ga. Ct. App. · 1998 · confidence medium
Reinhardt v. State, 263 Ga. 113, 114 (3) (a) ( 428 SE2d 333 ) (1993).
cited Cited as authority (rule) McCoy v. State
Ga. Ct. App. · 1998 · confidence medium
Reinhardt v. State, 263 Ga. 113, 115 ( 428 SE2d 333 ) (1993).
discussed Cited as authority (rule) Bishop v. State (2×)
Ga. · 1997 · confidence medium
Reinhardt v. State, 263 Ga. 113, 115 (3)(b), 428 S.E.2d 333 (1993).
discussed Cited as authority (rule) State v. Ritter
Ga. · 1997 · confidence medium
Thus, while deceit may not on its own render a statement inadmissible (where not calculated to procure an untrue statement), we hold that in looking to the totality of the circumstances, see Reinhardt v. State, 263 Ga. 113, 115 (3) (b) ( 428 SE2d 333 ) (1993), the employment of deceit may result in the inadmissibility of a statement in those situations where the particular deception used, by constituting a “slightest hope of benefit or remotest fear of injury” under OCGA § 24-3-50, has induced a party to confess, thereby rendering the confession involuntary.
discussed Cited as authority (rule) Leigh v. State
Ga. Ct. App. · 1996 · confidence medium
“The question of whether a waiver of rights and a subsequent statement have been voluntary and knowing depends on the totality of the circumstances.” Reinhardt v. State, 263 Ga. 113, 115 ( 428 SE2d 333 ) (1993).
cited Cited as authority (rule) Anderson v. State
Ga. Ct. App. · 1996 · confidence medium
Reinhardt v. State, 263 Ga. 113, 115 (3) (b) ( 428 SE2d 333 ) (1993).
discussed Cited as authority (rule) State v. Wintker
Ga. Ct. App. · 1996 · confidence medium
Wintker’s experience falls squarely within a class of cases Miranda was particularly concerned with, that is, situations where a suspect is subjected to police interrogation while “ ‘cut off from the outside world,’ because such incommunicado interrogation in a police-dominated atmosphere can result in self-incriminating statements without full warnings of constitutional rights.” Reinhardt v. State, 263 Ga. 113, 114 (3) (a) ( 428 SE2d 333 ) (1993), quoting Miranda, supra at 445 .
discussed Cited as authority (rule) Mao v. State
Ga. Ct. App. · 1996 · confidence medium
When determining whether a waiver of Miranda rights and a subsequent statement were voluntarily and knowingly made, a court should consider the totality of the circumstances in light of the nine factors set out in Reinhardt v. State, 263 Ga. 113, 115 (3) (b) ( 428 SE2d 333 ) (1993): (1) age of the accused; (2) education of the accused; (3) knowledge of the accused as to both the substance of the charge and the nature of her right to consult an attorney and remain silent; (4) whether the accused is held incommunicado or allowed to consult with friends, relatives, or an attorney; (5) whether the…
discussed Cited as authority (rule) Andrews v. State
Ga. Ct. App. · 1996 · confidence medium
We agree and also find from the totality of the circumstances that these voluntary statements were freely and voluntarily given. “ ‘[I]n Georgia the exclusionary rule does not apply to evidence derived from a voluntary statement obtained without the benefit of Miranda warnings.’ ” Vaughan, supra at 384 (3) (b), citing Reinhardt v. State, 263 Ga. 113, 115 (4) ( 428 SE2d 333 ).
discussed Cited as authority (rule) State v. Hendrix
Ga. Ct. App. · 1996 · confidence medium
“Under Miranda v. Arizona, 384 U. S. 436 [, supra], persons must be advised of their rights with respect to interrogation after being taken into custody or otherwise deprived of their freedom of action in any significant way. [Cit.]” Reinhardt v. State, 263 Ga. 113, 114 (3) (a) ( 428 SE2d 333 ).
discussed Cited as authority (rule) Nizer v. State (2×)
Ga. Ct. App. · 1996 · confidence medium
Reinhardt v. State, 263 Ga. 113, 114 (3), 115 (3) (b) ( 428 SE2d 333 ). “ Tactual and credibility determinations of this sort made by a trial judge after a (voluntariness) hearing must be accepted by appellate courts unless such determinations are clearly erroneous.
discussed Cited as authority (rule) Larry v. State
Ga. · 1996 · confidence medium
“The question of whether a waiver of rights and a subsequent statement have been voluntary and knowing depends on the totality of the circumstances. [Cit.]” Reinhardt v. State, 263 Ga. 113, 115 (3) (b) ( 428 SE2d 333 ) (1993).
discussed Cited as authority (rule) Adams v. State
Ga. Ct. App. · 1995 · confidence medium
Thus, since there is evidence to support Adams’s written request to charge on negotiating fictitious checks, and “[s]ince ‘a written request to charge a lesser in- eluded offense must always be given if there is any evidence that the defendant is guilty of the lesser included offense,’ State v. Alvarado, 260 Ga. 563, 564 ( 397 SE2d 550 ) (1990), the trial court’s failure to give the charge requested by the defendant constitutes reversible error.” Reinhardt v. State, 263 Ga. 113, 114 (2) ( 428 SE2d 333 ) (1993).
cited Cited as authority (rule) Henry v. State
Ga. · 1995 · confidence medium
Reinhardt v. State, 263 Ga. 113, 115 (3) (b) ( 428 SE2d 333 ) (1993).
cited Cited as authority (rule) Martin v. State
Ga. · 1995 · confidence medium
Reinhardt v. State, 263 Ga. 113, 115 ( 428 SE2d 333 ) (1993).
discussed Cited as authority (rule) Vaughan v. State
Ga. Ct. App. · 1993 · confidence medium
However, even assuming these prior statements had been tainted due to an inadequate Miranda warning or inadequate waiver of Miranda rights, “in Georgia the exclusionary rule does not apply to evidence derived from a voluntary statement obtained without the benefit of Miranda warnings.” Reinhardt v. State, 263 Ga. 113, 115 (4) ( 428 SE2d 333 ), citing Wilson v. Zant, 249 Ga. 373, 378 ( 290 SE2d 442 ).
discussed Cited "see" Ayers-Jones v. State (2×)
Ga. Ct. App. · 2019 · signal: see · confidence high
See Reinhardt v. State , 263 Ga. 113 , 113, 114 (2), 428 S.E.2d 333 (1993), overruled on other grounds by Vergara v. State , 283 Ga. 175 , 177-178 (1), 657 S.E.2d 863 (2008), (trial court's failure to charge on involuntary manslaughter and reckless conduct was error where there was evidence that defendant intentionally set fire to his motel room, but there also was evidence from which the jury could conclude that he set the fire without intending to burn down the motel).
discussed Cited "see" Betty Ayers-Jones v. State (2×)
Ga. Ct. App. · 2019 · signal: see · confidence high
See Reinhardt v. State, 263 Ga. 113, 113, 114 (2) ( 428 SE2d 333 ) (1993), overruled on other grounds by Vergara v. State, 283 Ga. 175, 177-178 (1) ( 657 SE2d 863 ) (2008), (trial court’s failure to charge on involuntary manslaughter and reckless conduct was error where there was evidence that defendant intentionally set fire to his motel room, but there also was evidence 7 from which the jury could conclude that he set the fire without intending to burn down the motel).
discussed Cited "see" Allaben v. State (2×)
Ga. · 2016 · signal: see · confidence high
See Reinhardt v. State, 263 Ga. 113, 113-114 (2) ( 428 SE2d 333 ) (1993), overruled on other grounds, Vergara v. State, 283 Ga. 175, 177 ( 657 SE2d 863 ) (2008).
discussed Cited "see" State v. Springer (2×)
Ga. · 2015 · signal: see · confidence high
See Reinhardt v. State, 263 Ga. 113, 113-114 (2) ( 428 SE2d 333 ) (1993), overruled on other grounds, Vergara v. State, 283 Ga. 175, 177 ( 657 SE2d 863 ) (2008); Shaw v. State, 238 Ga. App. 757, 758-759 ( 519 SE2d 486 ) (1999).
examined Cited "see" State v. Springer (4×)
Ga. · 2015 · signal: see · confidence high
See Reinhardt v. State, 263 Ga. 113, 113-114 (2) ( 428 SE2d 333 ) (1993), overruled on other grounds, Vergara v. State, 283 Ga. 175, 177 ( 657 SE2d 863 ) (2008); Shaw v. State, 238 Ga. App. 757, 758-759 ( 519 SE2d 486 ) (1999).
discussed Cited "see" Swain v. State (2×)
Ga. · 2002 · signal: see · confidence high
See Reinhardt v. State, 263 Ga. 113, 115 ( 428 SE2d 333 ) (1993). 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984).
discussed Cited "see" State v. Rogers (2×)
Ga. Ct. App. · 1996 · signal: see · confidence high
See Reinhardt v. State, 263 Ga. 113, 115 (3) ( 428 SE2d 333 ) (1993); Williams v. State, 238 Ga. 298, 303 (2) ( 232 SE2d 535 ) (1977).
discussed Cited "see" Waugh v. State (2×)
Ga. · 1993 · signal: see · confidence high
See Reinhardt v. State, 263 Ga. 113 (2) ( 428 SE2d 333 ) (1993). “[T]he crime of reckless conduct is, in essence, an instance of criminal negligence, rather than an intentional act, which causes bodily harm to or endangers the bodily safety of another.” (Emphasis in original.) Bowers v. State, 177 Ga. App. 36, 38 (1) ( 338 SE2d 457 ) (1985).
discussed Cited "see, e.g." Snell v. State (2×)
Ga. Ct. App. · 2010 · signal: compare · confidence low
Compare Reinhardt v. State, 263 Ga. 113, 113-114 (2) ( 428 SE2d 333 ) (1993), overruled in part on other grounds, Vergara v. State, 283 Ga. 175, 177-178 (1) ( 657 SE2d 863 ) (2008) (in felony murder case, the trial court should have charged the jury on reckless conduct as a separate lesser included offense of arson). 3.
discussed Cited "see, e.g." Starks v. State (2×)
Ga. · 2008 · signal: see also · confidence medium
See also Reinhardt v. State, 263 Ga. 113, 115-116 (4) ( 428 SE2d 333 ) (1993). 5.
discussed Cited "see, e.g." Henley v. State (2×)
Ga. · 2004 · signal: see also · confidence medium
See also Reinhardt v. State, 263 Ga. 113,115 ( 428 SE2d 333 ) (1993) (setting forth factors to be considered in determining whether a waiver was knowingly and intelligently made); Ross v. State, 254 Ga. 22, 25 ( 326 SE2d 194 ) (1985). *820 In determining the admissibility of a custodial statement, a trial court must determine whether, based upon the totality of the circumstances, a preponderance of the evidence demonstrates that the statement was made freely and voluntarily. [Cit.] . . .
examined Cited "see, e.g." Smith v. State (4×)
Ga. Ct. App. · 2003 · signal: see also · confidence medium
See also Reinhardt v. State, 263 Ga. 113, 114-115 (3) (a) ( 428 SE2d 333 ) (1993).
discussed Cited "see, e.g." Vasser v. State (2×)
Ga. · 2001 · signal: compare · confidence low
However, even if the jury were authorized to believe appellant’s proposed interpretation of the facts, we do not find that appellant’s discussion with Hale was such an “act or omission” which “causes bodily harm to or endangers the bodily safety of another person.” Accord Gay v. State, 179 Ga. App. 430 (2) ( 346 SE2d 877 ) (1986) (use of threatening language does not support conviction for reckless conduct); compare Reinhardt v. State, 263 Ga. 113 (2) ( 428 SE2d 333 ) (1993).
discussed Cited "see, e.g." McConville v. State (2×)
Ga. Ct. App. · 1997 · signal: compare · confidence medium
Compare Reinhardt v. State, 263 Ga. 113, 114 (3) (a) ( 428 SE2d 333 ); State v. Wintker, 223 Ga. App. 65, 69 ( 476 SE2d 835 ). .
Reinhardt
v.
the State
S93A0124.
Supreme Court of Georgia.
Apr 19, 1993.
428 S.E.2d 333
Ronnie K. Batchelor, for appellant., Thomas C. Lawler III, District Attorney, Debra K. Turner, Assistant District Attorney, Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, Rachelle L. Strausner, Staff Attorney, for appellee.
Hunt.
Cited by 62 opinions  |  Published
Hunt, Presiding Justice.

William Charles Reinhardt was convicted of felony murder and arson, and sentenced to life imprisonment. He appeals and we reverse. [1]

On the evening of June 18, 1991, the defendant and his girl friend, who were sharing a room at the Lawrenceville Motor Inn, smoked crack cocaine with another man. After the three had smoked all of the crack cocaine, the defendant’s girl friend and the other man left, and the defendant remained in the motel room drinking. At 1:15 a.m. authorities responded to a fire call at the motel; the building in which the defendant was staying was on fire, and another guest in a room down the hall from the defendant was killed in the fire. Although at trial the defendant testified that the fire had started accidentally while he was smoking, the jury heard evidence sufficient to authorize a conclusion that the defendant intentionally set a fire in his motel room.

1. After reviewing the evidence in a light most favorable to the jury’s determination of guilt, we conclude that a rational trier of fact could have found the defendant guilty of the crimes for which he was convicted beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. The defendant contends that the trial court erred in refusing his request to charge on involuntary manslaughter and reckless conduct.

A person commits the offense of involuntary manslaughter in the commission of an unlawful act when he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony.

OCGA § 16-5-3 (a). A person is guilty of reckless conduct, a misdemeanor, when he

causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard[*114] constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation. . . .

OCGA § 16-5-60 (b). In the present case, there is evidence to support such charges. Since “a written request to charge a lesser included offense must always be given if there is any evidence that the defendant is guilty of the lesser included offense,” State v. Alvarado, 260 Ga. 563, 564 (397 SE2d 550) (1990), the trial court’s failure to give the charge requested by the defendant constitutes reversible error. The state argues the charge is not warranted because the evidence shows the defendant intentionally set fire to his bed. However, the crime of arson requires an intent, not only to set a fire, but also to damage a dwelling, building or other structure. Here, even though there was evidence that the defendant intentionally set the fire, there was also evidence from which the jury could conclude that the defendant set the fire without intending to damage the motel structure. In addition, there was evidence that the setting of the fire, though unintentional, was the result of reckless conduct. Accordingly, Reinhardt was entitled to the requested charges. [2]

3. The defendant next argues that the court erred in admitting into evidence his statement made at the hospital to police investigators, contending the statement was made as the result of a custodial interrogation and prior to Miranda warnings. Defendant also contends that the statement was involuntary.

(a) Under Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1969), persons must be advised of their rights with respect to interrogation after being taken into custody or otherwise deprived of their freedom of action in any significant way. 384 U. S. at 444. The Miranda court was particularly concerned about situations in which the defendant was questioned by police “in a room in which [the defendant] was cut off from the outside world,” because such incommunicado interrogation in a police-dominated atmosphere can result in self-incriminating statements without full warnings of constitutional rights. Id.

In the present case, the record shows that police began the interrogation of Reinhardt as he sat on a stretcher breathing from an oxygen mask but that when the doctor told Reinhardt he was free to leave, the police officers asked him to come with them to a room from which others were excluded. After isolating him in the room, the police asked Reinhardt to remove his pants and shoes. The police then[*115] questioned Reinhardt specifically about the origin of the fire, cf. Lamb v. United States, 414 F2d 250 (9th Cir. 1969); when a police officer disputed his version of how the fire had started, Reinhardt confessed to the officers that he had started the fire intentionally. Only at this point did an officer read the required Miranda warnings to the defendant. The bulk of the defendant’s confession followed these warnings. [3]

Given this set of facts, we are convinced that Reinhardt was not free to leave the hospital room but that he was in custody when he was questioned. Thus, the interrogation before the giving of the mandated warnings was clearly in violation of Miranda, and that portion of the confession was inadmissible and should be excluded on retrial.

(b) The defendant further contends that his statement to the police, made after Miranda warnings, was likewise inadmissible because it was involuntary. The question of whether a waiver of rights and a subsequent statement have been voluntary and knowing depends on the totality of the circumstances. Williams v. State, 238 Ga. 298, 302 (232 SE2d 535) (1977). The totality of the circumstances is determined through a consideration of nine factors: 1) age of the accused; 2) education of the accused; 3) knowledge of the accused as to both the substance of the charge and the nature of his right to consult an attorney and remain silent; 4) whether the accused is held incommunicado or allowed to consult with relatives, friends or an attorney; 5) whether the accused was interrogated before or after formal charges had been filed; 6) methods used in interrogation; 7) length of interrogation; 8) whether or not the accused refused to voluntarily give statements on prior occasions; and 9) whether the accused has repudiated an extrajudicial statement at a later date. Id. Here, in weighing these factors, we note that the defendant was in his twenties; he had finished eleven years of school and held a high school equivalency degree; he was informed, after the Miranda warnings were given, that he was under arrest for first degree arson and felony murder; and, he showed throughout a willingness to speak with police investigators. Under the totality of the circumstances, we find that the defendant waived his constitutional rights and made a knowing and voluntary statement to the police.

4. Finally, the defendant argues that both the statements he made to police subsequent to his initial confession and his testimony at trial are fruits of the initial inadmissible statement and are, therefore, inadmissible. This Court has ruled that in Georgia the exclusionary rule does not apply to evidence derived from a voluntary state[*116] ment obtained without the benefit of Miranda warnings. Wilson v. Zant, 249 Ga. 373, 378 (290 SE2d 442) (1982). Our holding in Wilson was subsequently given support by the United States Supreme Court when it ruled in Oregon v. Elstad, 470 U. S. 298, 309 (105 SC 1285, 84 LE2d 222) (1985), that although Miranda requires that the unwarned admissions must be suppressed, the admissibility of any subsequent statement turns on whether the statement was knowingly and voluntarily made. As we find that Reinhardt’s subsequent statements were knowing and voluntary, this enumeration of error is without merit.

Decided April 19, 1993 Reconsideration denied May 6, 1993. Ronnie K. Batchelor, for appellant. Thomas C. Lawler III, District Attorney, Debra K. Turner, As sistant District Attorney, Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, Rachelle L. Strausner, Staff Attorney, for appellee.

Judgment reversed.

All the Justices concur.
1

The crimes for which defendant was convicted occurred on the evening of June 18, 1991. Reinhardt was found guilty of felony murder and arson on April 1,1992, and sentenced to life imprisonment. Motion for a new trial was filed on April 6, 1992, and overruled on August 27, 1992. The defendant filed notice of appeal in this Court on September 24, 1992. The appeal was docketed on October 23, 1992, and submitted for decision on briefs on December 4, 1992.

2

In addition to the felony of arson, the felony of criminal damage to property may well have been authorized by the evidence as an underlying felony to support a felony murder conviction. See OCGA § 16-7-23 (a) (2). The jury instructions, however, did not address that issue.

3

In fact, were this conviction being affirmed, the admission of the first statement, though error, would have been deemed harmless.