KAREN NELSON MOORE, Circuit Judge. E.A. C.A. (“E.A.”) petitions this court for review of the order of the Board of Immigration Appeals (“BIA”) denying her motion to reopen an in absentia removal order. Because the BIA abused its discretion in concluding that E.A. had not established that exceptional circumstances justified her failure to appear, we GRANT the petition for review, VACATE the removal order, and REMAND for further proceedings consistent with this opinion.

The defendant, Phillip Harvey Wallace, appeals the sentencing decision of the trial court that followed the revocation of his probation in case number 5263 and his pleading guilty in case number 5376, arguing that the trial court erred by failing to consider a community corrections placement and by ordering that the 12-year sentence imposed in case number 5376 be served consecutively to the remainder of the two-year sentence in case number 5263. Discerning no error, we affirm.

The petitioner, Joshua Michael Stewart, appeals the denial of his petition for postconviction relief, which petition challenged his 2017 Knox County Criminal Court jury convictions of rape of a child and aggravated sexual battery. He argues that he was deprived of the effective assistance of counsel. Discerning no error, we affirm.

The defendant, John William Anderson, appeals his Sullivan County Criminal Court jury convictions of attempted theft of property valued at $10,000 or more but less than $60,000 and criminal simulation. He challenges the sufficiency of the convicting evidence and the propriety of the sentencing decision of the trial court. The evidence was sufficient to support the convictions, but the trial court erred by imposing a sentence in the absence of a presentence report. Consequently, we affirm the defendant’s convictions but reverse the sentencing decision of the trial court and remand the case to the trial court for a new sentencing hearing.

Week of January 4, 2021 - January 8, 2021

RALPH B. GUY, JR., Circuit Judge. Defendant William B. Milliron crashed his mobile methamphetamine lab into a building after he led the U.S. Marshals and local police on a high-speed chase and threw Molotov cocktails at the pursuing vehicles. He pleaded guilty to several charges in exchange for the dismissal of the remaining charges. The district court sentenced Milliron to 110 months in prison (14 months above the Sentencing Guideline range). On appeal, Milliron attacks his plea agreement and challenges his sentence as procedurally and substantively unreasonable. We AFFIRM.

Tennessee Bonding Company, Appellant, surrendered the defendant, Larry Patton, to the Lewis County Sheriff’s Department but failed to notify the trial court of the surrender. Five weeks later, the trial court sua sponte entered an order exonerating Appellant on the bond but requiring Appellant to return “any and all premiums previously paid” and discharging the defendant from any remaining obligation for payment on the bond. Appellant filed a motion to reconsider asking for a hearing, which was summarily denied by the court. On appeal, Appellant claims that the trial court erred by denying Appellant a hearing. After review of the record and applicable law, we affirm the judgment of the trial court.

This appeal arises out of a boundary dispute. Following a bench trial, the court determined that the plaintiffs established the boundary line based on an oral boundary agreement between the parties’ predecessors in interest. On appeal, the defendant takes issue with the trial court’s finding that the parties to the oral boundary agreement were uncertain of the location of the original boundary at the time they entered into the agreement. The defendant also takes issue with the trial court’s determination that the plaintiffs’ deed was not void for champerty based on the court’s conclusion that the remnants of the fence the defendant relied on to establish the property line met none of the requirements of adverse possession. After reviewing the evidence presented at the trial, we affirm the trial court’s decision.

A widow sued to recover the value of her late husband’s interest in a general partnership. She argued that, in compensating a deceased partner, the assets of the partnership had to be valued at fair market value. On a motion for summary judgment, the trial court concluded that the partnership agreement provided that, upon a partner’s death, partnership assets would be valued at book value. After our review of the partnership agreement, we reverse.

The Petitioner, Kendrick Watson, pled guilty in the Shelby County Criminal Court to conspiracy to introduce marijuana into a penal facility, money laundering, aggravated assault, being a convicted felon in possession of a handgun, and conspiracy to possess more than three hundred pounds of marijuana in exchange for a total effective sentence of seventeen years as a Range I, standard offender. Subsequently, the Petitioner filed for postconviction relief, alleging that his trial counsel was ineffective and that he had been denied due process prior to and during the plea process. The Petitioner also contended that the post-conviction court should recuse itself. The post-conviction court denied the recusal motion and denied post-conviction relief, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court.