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See Attorney Letarte's "FREE Prison" information BLOG at http://inmateparole.blogspot.com / it focuses on inmate release information and new case law.

She is a veteran of the Internet (a.k.a. the Net). She was a Software Engineer writing Operating Systems for large mainframe Computer Corporations, including working in AT&T's Research & Development Labs. She has troubleshot large computer systems for Corporate customers around the World. She efficiently uses LexisNexis database as a main on-line Law Library for State and Federal cases and Legal research.

Attorney Letarte is also the Webmaster for this Law Office website. *** Feel free to e-mail dletarte@earthlink.net for any comments or needed corrections. ***

Fitz v. NCR Corp. (2004) 118 Cal. App. 4th 702

Plaintiff (Fitz) employee brought a wrongful termination complaint against defendant employer (NCR). The employer brought a motion to compel arbitration under its dispute resolution policy. The Superior Court of San Diego County (California) denied the motion to compel arbitration, finding that the employer's policy was procedurally and substantively unconscionable. The employer appealed. The Opinion of Judge M. Orfield in the North County Division of Vista, Superior Court of California was Affirmed by the Court of Appeals and the employee was successful in continuing the lawsuit in Court and not in Arbitration. see employment law

2011 M.S. Forensic Psych., Walden University, MN
2003 LL.M. Criminal, University of San Diego Law, CA
1996 J.D. Thomas Jefferson, School of Law, SD, CA
(Cambridge University, Cambridge England)
1991 M.B.A. University of Redlands, Redlands, CA
1979 B.S. Computer Science, Florida Atlantic Univ. FL
1976 A.A. Associate of Arts, Palm Bch Jr. College, FL

Judge Pro-Tem volunteer at Kearny Mesa Superior Court
Over 1500 Parole Revocation and Lifer Hearings see legal services
Vista Public Defender for LLM Criminal Internship - trials
Mediator since 2000 for NC LIFELINE's Dispute Resolution
Arbitrator since 1996 - California Housing Finance Agency
San Diego Superior Court - Mediator Certified
Solo Practitioner since 1997
Criminal, Personal Injury, Bankruptcy and Employment Law

In re BOLTON on HC (9/30/2019) in COA 3rd Dist.

UNADDRESSED ISSUE:
      What happens when a prisoner serving a sentence for crimes committed as a juvenile exceed his natural lifespan is later convicted of an offense which disqualifies him from the youth offender parole provisions of Penal Code section 3051?

        At the time of the crimes, petitioner D’Arsey Bolton was 16. He accosted two young girls, aged 10 and 12, while they were at school, forcing each at knife point into a bathroom, where he threatened them and raped them. Petitioner was convicted in Contra Costa County of five counts of rape, two counts of unlawful penetration with a foreign object, two counts of forcible lewd and lascivious conduct on a child, two counts of false imprisonment, one count of attempted rape, and one count of assault with a deadly weapon, along with multiple enhancements for being armed with and using a knife and pellet pistol.

He was sentenced to 92 years in state prison, which was modified to 91 years on appeal. Over a decade later (when petitioner was 30), a correctional officer discovered a metal object wrapped in cloth in petitioner’s cell. Petitioner claimed he needed the weapon for protection while in jail. He would later be conviction of possessing a sharp instrument in prison. He admitted 11 strike allegations and was sentenced to 25 years to life under the three strikes law. In this habeas proceeding, petitioner claimed his sentence violated the cruel and unusual punishment prohibition of the Eighth Amendment and asked the Court of Appeal to order Superior Court to resentence him on all of his convictions consistent with the possibility of release in his lifetime, or to find he was not ineligible for youth offender parole.

The Court of Appeal found resentencing on the juvenile offenses was necessary, but petitioner’s adult sentence did not violate the Eighth Amendment. The Court therefore vacated the 91-year term for the crimes committed as a juvenile, and remanded for resentencing.

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On Saturday July 26th, 2014 Senator Joel Anderson honored San Diego’s hometown Small Business Law Office of Diane Letarte!

Diane T. Letarte was Honored with a Senate "Outstanding Community Award" in commemoration of Ms. Letarte’s Outstanding Accomplishments in recognition for her tireless LIFER Advocacy on behalf of Californians, making a positive change to their lives and in search for a new beginning!

Chief Justice Supreme - Canada