attack could establish such a violation. Obviously, if the record in any given case indicated that, irrespective of any statistics, the death sentence was the product of passion, prejudice or any other arbitrary factor incident to that particular trial, there would be a violation of § 53a-46b (b) (1). We conclude only that, subject to the requirement that the defendant make his statistical challenge at trial, § 53a-46b (b) (1) provides an appropriate statutory vehicle for his statistical claim on appeal. 21 We do not decide whether, as a matter of state law, all other criminal defendants may raise the type of claim under consideration here in a habeas corpus petition when the claim was not raised at trial in the first instance. Cf. Summerville v. Warden, supra, 229 Conn. 421-22 (<HOLDING>). We merely decide that this defendant and any
recognizing exception to cause and prejudice standard governing procedural defaults for claims of factual innocence recognizing the public interest exception recognizing the rule and the exception but holding facts did not support claim to exception recognizing such an exception recognizing exception