McKEAGUE, Circuit Judge. Christopher Hall filed a petition for a writ of habeas corpus in connection with his state convictions. A Michigan jury convicted Hall of criminal sexual conduct against his daughter as well as obstruction of justice and conspiracy to obstruct justice. During the trial, both the prosecutor and defense counsel elicited testimony about Hall’s silence during an earlier probate court proceeding and commented on Hall’s silence during their respective closings. On habeas review, the district court concluded that the testimony and remarks of the prosecutor violated Hall’s federal constitutional rights to due process and against self-incrimination. Moreover, defense counsel’s failure to object to the testimony and remarks constituted ineffective assistance of trial counsel. The district court conditionally granted habeas relief to Hall. The Warden, Doug Vasbinder, now appeals.