Thomas D. Frye, Et Ux. v. Richard Ingram Ballard, M.D.

Supreme Court of Louisiana
March 14, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
THOMAS D. FRYE, ET UX.
VS.
RICHARD INGRAM
BALLARD, M.D.
No. 2023-C-00317
_ _
_ _ _ _
I
N RE: Richard Ingram Ballard - Applicant Defendant; Applying For Writ Of
Certiorari, Parish of Lincoln, 3rd Judicial District Court Number(s) 59,342, Court of
Appeal, Second Circuit, Number(s) 54,813-CA;
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March 14, 2023
Writ application granted. See per curiam.
Crichton, J., would deny.
McCallum, J., recused.
JDH
JLW
JTG
WJC
PDG
03/14/2023 "See News Release 016 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2023-C-0317
THOMAS D. FRYE, et ux.
vs
RICHARD INGRAM BALLARD, M.D.
On Writ of Certiorari to the Second Circuit Court of Appeal
for the State of Louisiana
PER CURIAM
Writ granted. "A judge is presumed to be impartial." Slaughter v. Bd. of
Sup'rs of S. Univ. and Agric. & Mech. Coll., 10-1114 (La. App. 1 Cir. 8/2/11 ), 76
So.3d 465, 471, writ denied, 11-2112 (La. 1/13/12), 77 So.3d 970. In order to justify
recusal on the grounds of bias, prejudice, or impartiality on the part of the judge, the
claim must be of a substantial nature and based on more than conclusory allegations.
State v. Doleman, 02-0957 (La. App. 4 Cir. 12/4/02), 835 So.2d 850. The facts
presented in this case fail to establish the existence of "a substantial and objective
basis that would reasonably be expected to prevent [Judge Hunter] from conducting
any aspect of the cause in a fair and impartial manner," as required under LSA­
C. C.P. art. 151. The judgment of the Second Circuit Court of Appeal, which granted
the motion to recuse, is therefore reversed. The motion to recuse is denied and this
matter is remanded for further proceedings.
REVERSED, RENDERED, and REMANDED.
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03/14/23