Peterson was convicted in 2003 of killing his wife, Kathleen, in their Durham home. He was sentenced to life in prison, but was let out in 2011.
Peterson was granted a new trial based on a ruling by a superior court judge.
That judge ruled that SBI blood analyst Duane Deaver gave false and misleading testimony.
Prosecutors in Durham said last month that they would retry Peterson.
However, the attorney general is now mounting a final effort to keep Peterson's conviction in place.
The attorney general has argued there was enough other evidence at trial for jurors to find Peterson guilty.