Whether a victim's advocate's non-verbal communication with a child witness during trial constitutes prejudicial error that violates a defendant's right to a fair trial

QUESTIONS PRESENTED Introduction. 5 Mr. Koteras was tried by jury and convicted of multiple counts of sexual abuse of his minor daughter, Amanda.' During the trial while Amanda was testifying, a Victim's Advocate who is employed by the prosecutor's office stood behind the jury and non-verbally communicated with Amanda through use of head movements and:hand gestures. Mr. Koteras . filed a post-collateral motion to vacate his sentence and an evidentiary hearing was held during which the court took judicial notice of the actions by the Victim's Advocate. After the conclusion of evidence the court made oral findings and denied relief. Included in the findings the court held the actions by the Advocate had the effect to “give the witness a bit more confidence that a child witness usually has on the stand. (See