U.S.C. § 2254(b) (1989). The Magistrate Judge found that Boney failed to exhaust state remedies. Report, at 22-23. This court must disagree. While it is true that Boney has failed to invoke the protection of the Post-Conviction Act, an Illinois inmate is not required to petition for post-conviction relief when such a petition is futile. United States ex rel. Avila v. Ahitow, 791 F.Supp. 197, 200 (N.D.Ill.1992) (citing Castille v. Peoples, 489 U.S. 346, 351, 109 S.Ct. 1056, 1060, 103 L.Ed.2d 380 (1989)). In Illinois, an issue that was or could have been raised on appeal is res judicata in a post-conviction proceeding. Gornick v. Greer, 819 F.2d 160, 161 (7th Cir.1987) (emphasis added); see, e.g., People v. Emerson, 153 Ill.2d 100, 107, 180 Ill.Dec. 46, 49, 606 N.E.2d 1123, 1126 (1992) (<HOLDING>), cert. denied, — U.S. -, 113 S.Ct. 1865, 123
holding that the appellant waived his claim on appeal because he failed to address that claim in either his application for a coa or his brief on appeal holding that prisoner waived first amendment claim because he failed to brief arguments on appeal holding arguments not raised on appeal waived holding that the defendant waived his arguments challenging the constitutionality of illinois death penalty because he failed to raise them on appeal holding that appellant waived claims on appeal by failing to advance arguments in support of them in the body of his brief