(DURHAM) -- A Durham County judge will not delay a hearing on whether a man will get a new trial on his 2003 murder conviction.   Superior Court Judge Orlando Hudson refused a request by Durham District Attorney Tracey Cline to postpone the hearing in Michael Peterson's case.

Peterson was convicted in his wife's death.  His attorney, David Rudolph, called Cline's attempt a stall tactic. "Miss Cline put herself in this situation.  She didn't need to do what she did.  She certainly didn't need to it right before the Peterson case," said Rudolph.

Peterson wants to question the work of former SBI agent Duane Deaver whose work with blood evidence in several cases was questioned as part of a review of the State Crime Lab.  The hearing on Peterson's request continued on Wednesday.