A man convicted of soliciting his wife to kill police has had an appeal in the case tossed out by the State Supreme Court.

Kelly Closs was convicted in 2017 of solicitation of reckless injury for telling his wife to shoot any cops who came to the door. Police had tape of him calling from jail and telling his wife “let them have it,” “blow them away,” “shoot right through the door right into the cop.”

An appeals court previously upheld the convictions after Kloss claimed solicitation of reckless injury was not a crime in Wisconsin.

The Supreme Court heard arguments in the case last year, but decided on Friday that they would dismiss the appeal. Five of the seven justices agreed that the Supreme Court should not have taken up the case in the first place. 

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