I. CALIFORNIA LAW VIOLATES THE FOURTEENTH AMENDMENT'S EQUAL PROTECTION CLAUSE BY REQUIRING ITS COURTS TO INSTRUCT ON INVOLUNTARY MANSLAUGHTER AS A LESSER INCLUDED OFFENSE IN ALL MURDER PROSECUTIONS WHEN SUBSTANTIAL EVIDENCE WARRANTS BUT PRECLUDING SUCH INSTRUCTION, EVEN WHEN SUPPORTED BY SUBSTANTIAL EVIDENCE, SOLELY IN MURDER PROSECUTIONS WHERE INTOXICATED DRIVING

II. REVIEW IS NECESSARY TO DETERMINE IF CALIFORNIA LAW DENIES DUE PROCESS OF LAW TO DEFENDANTS CHARGED WITH MURDERS INVOLVING INTOXICATED DRIVING BY PRECLUDING JURY INSTRUCTION ON THE LESSER INCLUDED OFFENSE OF INVOLUNTARY MANSLAUGHTER IN SUCH PROSECUTIONS

Whether California law violates the Fourteenth Amendment's Equal Protection Clause by requiring its courts to instruct on involuntary manslaughter as a lesser included offense in all murder prosecutions when substantial evidence warrants, but precluding such instruction, even when supported by substantial evidence, solely in murder prosecutions where intoxicated driving is involved