Patten v. Raddatz

specially concurring.

While I concur in the result reached by the Court, I take issue with the majority’s analysis which affirms the District Court’s application of the doctrine of in pari delicto but ignores a fundamental principle of that doctrine.

In Waller, we concluded that:

[Wlhere the offenses have involved criminal conduct or delinquency of which the law strongly disapproves as a matter of public policy, the parties are to be deemed equally guilty and the courts will not inquire further into their relative guilt.

Waller, 741 P.2d 389-90. Despite this prohibition against apportioning…