Here is the doctype I am using:
<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd">
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This will happen if you have content (an HTML comment perhaps) before the DOCTYPE. White-space should be OK in IE8 – although I think even this caused problems with IE6.
(In IE6 an XML declaration before the DOCTYPE would trigger quirks mode – this was fixed in IE7, but it would seem that other content before the DOCTYPE still triggers this.)